My sister owned the house before they were married. Brother in law is headed toward title 19. If she sells after he enters nursing home, does that disqualfy him and would she have to pay back CT Medicaid? The house has always been in her name only.

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Really she needs to speak with elder law atty asap AND BEFORE he ever applies. For couples Medicaid usually affixes their finances as on the date of the Medicaid application. It’s often called the “snapshot” day and all assets as of that date are viewed 50/50 or often called the “half a loaf” approach to assets.

Medicaid rules when there is a community spouse is oodles more complicated. She can have assets but her assets will be limited in order for him to be eligible for Medicaid. Most states have the CS exempt asset limit at 119k and his asset limit at 2k. Over that she has to spend down. Unless she can find a creative way to recatagorize $. A NAELA or CELA level of elder law attorney will have suggestions and suggestions that are Medicaid compliant.

Also should she need his monthly income to live in the community, she can apply for CSRA or MMNA. These are resource allowance paid from NH spouse income to her and deducted from his income copay to the NH required by Medicaid. It’s kinda like alimony for the CS. Each state sets the CSRA figure. Getting the maximum usually needs an atty to shepherd the request through. 

States too set limits on property value. Most have the house as an exempt asset if under 550k. But some states have it higher at about 800k/850k. Some states allow any value exemption if CS lives in home, but other states don’t. She needs to find this lil factoid out asap & before he applies.

How to do deal with the maze that is Medicaid & minimize her hit as a CS is not a DIY ever imo. She needs to meet with atty asap & before filing his application.
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Have her consult an attorney fast before applying for Medicaid. Although CT is not a community property state, it is an all property state where marital assets can but not necessarily will be considered a pooled asset in terms of divorce or asset distribution.
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