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Countryma Asked November 2024

My mom gave me her land 2 months ago and now she has gotten worse, hospice is giving her weeks, will Medicaid make me give it back, she has no will?

Geaton777 Nov 2024
I agree you need to consult with a certified elder law attorney or estate attorney because she basically "gifted" you an asset and then tried to apply for Medicaid, which in most states has a 5-year look-back period on their financial application. I'm only familiar with what Medicaid doesn with homes: Medicaid puts a lien on it that needs to be satisfied when ownership changes hands. I'm not sure what happens with just land, and IDK if there will be any sort of consequences for the transaction. This is why you should talk to an attorney: also because Medicaid rules vary by state and we're anonymous non-professionals who don't have all the pertinent information. FYI right now a Will does not factor into any of this since your Mom is still alive. When you talk to the CELA you can ask what happens if she passes without a Will (usually it means her estate goes into probate and this too varies by state).

Midkid58 Nov 2024
This is why we have lawyers.

You are going to need one who can guide you with this.

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AlvaDeer Nov 2024
I don't know how she gifted you the land, and I don't know any details, such as how long she has been on Medicaid and whether or not the property had been claimed as hers when she went on Medicaid as her "home" (she could keep a home and a car).

You will want, as with all legal things, not to ask a mess of strangers who won't even know the rules for your state (Medicaid is a combined Fed/State program) to ask a CELA Elder Law Attorney. Take all details, including her medicaid applications and her deeds and the sale documents.

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