My grandfather will be applying for Medicaid in order to get into LTC. His wife will continue living at home. They do not have a will set up. With him applying for Medicaid does a will matter at this point?
Your Grandmother need to see an Elder Lawyer. Their assets need to be split. His split going to his care and then Medicaid applied for. Grandmom will stay in the home, have a care and enough of the monthly income to live on.
Grandpa will need to be competent to do a Will, no Dementia. I was told my Moms Will meant nothing. Any assets people have, except the house, needs to be spent on the recipients care before Medicaid kicks in. Houses are exempt.
Once grandpa passes away, a lien will be placed on the house to try and recover what Medicaid put out on Gpa's care. Gma will remain in the home but the lien will need to be satisfied when she passes or sells the house.
If your grandparents have nothing but the house and monthly income of SS and pension. You may not need to split assets. But you need to make it clear to Medicaid that there is a Community Spouse and that she will need the monthly income to live on.
With our Wills its what urs is mine. The survivor will need to make a new Will up.
Everyone who owns something needs a will. Who owns your grandparents’ home? That depends on how it is titled. You need to make sure that when one of them dies, the other inherits because it is an asset that can be sold to pay for care (and bills and future needs). Who owns their car? What will happen to any pets they may own at their death? What valuables do they own, where are they kept, and how will they be disposed of after their deaths? Who will be in charge of their estate when they are dead? Yes, a will matters, and you can help them by making sure they take care of it NOW.
Fawnby, sometimes people wait to long and the ship to do a legal document has sailed.
My dad didn't have a will. I was fortunate that there was no probate required because there wasn't a will. He didn't have anything worth paying a court to decide who got what.
I agree that everyone should have a will. Especially, people with young children and seniors but, it is not a common thing, unfortunately. It should be taught in high school, IMO.
A certified elder law attorney who is licensed in your grandfather's state of residence is the one who can provide the most accurate answer to your question since laws and rules can vary by state and this is a global forum of non-attorneys.
That being said... generally speaking, Medicaid does not "take" someone's home. At some point (in the future when both grandparents are passed) Medicaid has a lien on the home which needs to be satisfied when it is sold.
Medicaid won't impoverish your Grandmother, and if she never needs Medicaid herself there may be assets left from her estate when she passes, but I really am not sure how it would work in their state. Whatever remaining personal possessions (artwork, furniture, jewelry, books, etc.) are left can be designated in a Will and not touched by Medicaid.
If they don't leave a Will then their estate goes through probate. Others on this forum will correct this if it isn't accurate. Again, we're not attorneys so this is just very general info that you need to have verified by an actual attorney.
There is a maximum minimum before probate needs to be filed and that amount varies by state. AZ is 75k, UT is 125k, NV is 20k, etc. As you can see it varies greatly.
Best way now, IMO is to do payable and transfer on death for all assets. This keeps them available for grandma and grandpa but, bypasses any probate because it is no longer their asset at death.
Grandpa will need to be competent to do a Will, no Dementia. I was told my Moms Will meant nothing. Any assets people have, except the house, needs to be spent on the recipients care before Medicaid kicks in. Houses are exempt.
Once grandpa passes away, a lien will be placed on the house to try and recover what Medicaid put out on Gpa's care. Gma will remain in the home but the lien will need to be satisfied when she passes or sells the house.
If your grandparents have nothing but the house and monthly income of SS and pension. You may not need to split assets. But you need to make it clear to Medicaid that there is a Community Spouse and that she will need the monthly income to live on.
With our Wills its what urs is mine. The survivor will need to make a new Will up.
My dad didn't have a will. I was fortunate that there was no probate required because there wasn't a will. He didn't have anything worth paying a court to decide who got what.
I agree that everyone should have a will. Especially, people with young children and seniors but, it is not a common thing, unfortunately. It should be taught in high school, IMO.
That being said... generally speaking, Medicaid does not "take" someone's home. At some point (in the future when both grandparents are passed) Medicaid has a lien on the home which needs to be satisfied when it is sold.
Medicaid won't impoverish your Grandmother, and if she never needs Medicaid herself there may be assets left from her estate when she passes, but I really am not sure how it would work in their state. Whatever remaining personal possessions (artwork, furniture, jewelry, books, etc.) are left can be designated in a Will and not touched by Medicaid.
If they don't leave a Will then their estate goes through probate. Others on this forum will correct this if it isn't accurate. Again, we're not attorneys so this is just very general info that you need to have verified by an actual attorney.
Best way now, IMO is to do payable and transfer on death for all assets. This keeps them available for grandma and grandpa but, bypasses any probate because it is no longer their asset at death.