Mom was not paying all of her bills and after the sale of her home we used the money to pay for her monthly care and her unpaid bills and to reimburse my husband and I for the repairs we did on her home in order to make it sellable. The money is quickly dwindling and she must go to a county facility.

And If you put the money into a CD in your name instead of Mom, no one will take it away. Medicaid will call it gifting and won’t cover care in a county home period until the penalty period is up.
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Reply to Guestshopadmin

Lala, 2 issues.. CD in mom’s name so it’s her $ / her assets.Ditto for the house. You may find that Medicaid takes the position that whatever you did & do for your mom was done out of a sense of familial duty and done for free without compensation. The $ from the cashed out CD & the proceeds from the sale of the home are all mom’s $ as she was the owner of both, so any $ given to you will be considered to be “gifting” by her to you; which is not allowed by Medicaid. It sounds like $ from the CDs & $ from house sake have been commingled and that also muddies having Medicaid be more ahem sympathetic to the situation.

The Realtors commission is paid and not considered gifting as mom/ dpoa signed a contract with commission % indicated for the listing. If there was a mortgage or heloc, that too would have had a lending agreement that has to be cleared (paid) for clean title to happen. If work was done by a licensed business they could have placed a workman’s lien on the house & gotten paid at closing.

My understanding is that you would have to had some sort of Promissory Note or Memo of Understanding done way, waaayyyy in advance between you & mom for your fronting cost$ & that it’s a lending that’s securitized by the house and repaid upon its eventual sale, plus it’s notarized with witnesses that can be used to show to Medicaid. House could have been sold truly “as is” and sold for less; could have been sold not code current; property taxes could not have been paid & would have been taken out of the proceeds of the sale to clear the title. I’m not trying to be harsh on the decisions you made but one can go completely hardball on selling an old house and you find a Realtor who will take a distressed or “motivated” listing. Realtor “had to make it compliant” is nonsense. Property thats a real POS or has blight notices or demo by neglect paper on it, get sold all the time. But requires more work from a Realtor and one who understand how safety & permits run for your city/county.

Personally i I would not try to deal with this type of issue as a DIY with Medicaid. I’d have mom get an elder law atty who is familiar with doing appeals and let them deal with this. Sounds like mom still has $ from the sale of the house, so use that $ to get the atty for her. I’d try to do this ASAP & ahead of her submitting an application for Medicaid.
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Reply to igloo572

You might have a tussle on your hands justifying the repairs on the home. Was it to make it saleable at all, or to "tart it up" a bit and get a better price?

Still - her house, her repair bills, you and your husband shouldn't be left out of pocket. Can you show receipts? I hope you weren't thinking of compensating yourselves for your time and trouble, though... :/
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Reply to Countrymouse
Lala1958 Aug 26, 2019
Her house needed repairs to be sold, the realtor told us we had to make the home compliant with regulations the taxes which were unpaid had to be brought up to date. We footed all of the bills until after her home sold and of course I have all receipts.
CD accounts are not Medicaid exempt assets so if the house was sold within the last 5 years then the CDs have to be used to pay for your moms care. She won’t be eligible for Medicaid until her assets are gone.
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Reply to worriedinCali

Her money is to pay for her care until it runs out. Then she can apply for Medicaid.
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Reply to anonymous901498

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