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My husband died 9/18/14 in a care center in Mn on Medicaid 18 months. I'm the spouse living in our home. My name is on the house title but am wondering if Estate Recovery will come into play here.

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Yes, I will definitely report back. My house won't be on the market until April or May and I have to make sure there will be an apartment available for me. I am on the waiting list.
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CarolJean - I'd like to ask you a favor, if you will!
When you go to sell your home this spring, could you do a post as to if there were any issues with the sale. Like if the buyer needs a mortgage, and the title company had to do any paperwork or extra inquiry due to your late husbands Meducaid status. Or anything else that relates back to Medicaid's MERP.

We all learn from each other. Good luck on getting max value & quick days on market!
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We had an Elder Care Attorney guide us through the Medicaid steps. Our non exempt assets were split down the middle, and we had to spend down my husband's half before he could go on Medicaid. Either that or give it to the Care Center. Because I have never been on Medicaid, the state could not take my share of the assets or the house I owned. If I had to go on Medicaid in the near future, they would take all my assets and leave me with $3,000. Hopefully, I can continue to stay healthy.
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But what did you agree to at the time, your husband started receiving Medicaid payments? My friends had to sell the farm, after their father's death (IL). His spouse had ALZ. and had been on medicaid.
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I did ask the contact person at Minnesota Medicaid Estate Recovery for something in writing and he said, if there ever is a problem, have them call me. I do have his name and number. I plan on selling my house this spring so I will own no real estate as I will be renting. At age 81, that appears to be my best option. I can use the money on myself any way I choose. I don't plan to move out of state. Our state law says they cannot impoverish the surviving spouse.
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Samara is spot-on, you should ask for something in writing.
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CarolJean - the MN approach is interesting (that recovery can be done on surviving spouse after her death). I think it would be a nightmare to enforce for a younger surviving spouse. If you moved to another state, then whose laws trump whose? How would your heirs be able to deal with competing probate? What if spouse remarries?

You would be best to never buy any real property ever in your name. Never Ever. Instead LLC, corporation, trust, just anything that is its own legal entity. You would have to be cautious with prenuptial if you remarry as it places new hubs & his heirs with legal issues.

This just shows how important state laws are in all this. Attorneys likely needed fir heirs to be successful.

TX does a "Release of Claim" form, so no lingering issues. Form is the same whether its a release due to spouse, low income heir exemption,caregiver or other hardship. Release is going to be as important as Release of Deed of Trust document for being able to sell a property with clear title.
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Here here from another MN momma.
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jeannegibbs...I am very happy to have gotten the correct answer to this nagging concern of mine. I said, "could I even move to Florida?" and he said, "only if you take me with". Glad I could be of some help.
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caroljean2, awesome! Thanks for sharing that. I'm in Minnesota, too.
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Previously I had a question about Medicaid Estate Recovery. I reached the contact person at Minnesota Department of Human. Services. Benefit Recovery Section and I can sell my house and rent an apartment or do whatever I wish to do , even moving out of state if I so choose. No recovery can be made until I am deceased.
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Just a note about the upper right-hand corner, many people (like me) are using smart phone and hardly any of the desktop features are available in phone format. But yes, she should check with MN DHS and request a written response to have something in writing, just in case.
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I think that you will need to ask the MN Medicaid people directly.

You can do a search about estate recovery and medicaid in the search site box in the upper right hand corner of this page.

Let us know what you learn. I'm sure what you learn will benefit someone else.
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