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I put my son in my will to be put on the deed of my home , which is paid for, upon my death, which will avoid probate court.I worked for many years, and I have also used food stamps, medical benefits, ssi for some from trauma from an ex husbands family being so cunning ,

I have read that my son will not be billed for my use of the medical, food, and ssi. I will be on social security this year, and can work some, and hope to. I told my lawyer and he knows the law well,. I want to be sure, as the home was left to me by my Dad. Thanks It will be one less worry. With the time off, I overthought, and mostly now I dont, but I want to know the will is fine for him . He lives here, and has made my life easier by all he does to belp. If you know, please send back information. Thanks, again

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Seeking the advice of your attorney is a smart move. Hopefully he is experienced in estate planning. If you put your home in a will, the home will not avoid probate. You need to put your home in a type of trust either revocable or irrecovable. Your attorney should have explained all your options.
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In OHIO: The Medicaid Estate Recovery program applies only to the estates of Medicaid recipients aged 55 years or older in the amount of all Medicaid benefits correctly paid after the individual attained age 55 and Medicaid benefits correctly paid to a person of any age that was permanently institutionalized. The decedent's estate, for Medicaid collection purposes, includes all real and personal property in which the Medicaid recipient had any legal interest at the moment before death, including assets conveyed to others at death via survivorship, transfer on death, joint assets, living trusts, payable on death assets, and life estates. A Medicaid recipient's house may be subject to estate recovery. However, if the recipient was permanently institutionalized, any claim from the sale of a house may be delayed while the recipient's sibling or child resides in the home, if specific conditions are met.
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NO, you do NOT need a trust or will to transfer the property to your son. Those of course are options but there is also joint tenancy (which has drawbacks) and yet another way which I intend to use myself. I just attended a senior law program in NV which included this issue. You can prepare a Transfer on Death Deed for real property and this asset transfers and is not included in probate and is NOT subject to debts of the beneficiary during the lifetime of the owner. You can do the same thing for vehicles and bank accounts. Each state would have its own details to fine tune this (for example, no lienholder on the car). If these are the only assets, what is left to subject to will and probate? Household furniture, clothes? In NV there are four levels of probate, depending on the amount of the estate. If what's left after those assets are deeded upon death is under $20k there is a simple probate here where you file an Affidavit of Entitlement. The other levels of probate are determined by the value of the estate of the decedent. Do not worry about paying back benefits received in the form of Food Stamps. It doesn't happen. That's a federal program you never have to repay (unless obtained fraudulently or somehow inadvertently get overpaid). Also, there should be no worry about SSI benefits. As for medical, if you should happen to have Medicare as well as Medicaid, Medicare pays first and doesn't have to be repaid. If you think your MEDICAID may kick in due to nursing home care in the future, talk to your elder law attorney about priority of claims on your assets. By the way, if the attorney who has drawn up the will didn't tell you how to transfer the house, car or bank accounts with deeds upon death, ask him why he didn't. If you don't think he has a very good explanation, get a better qualified elder law attorney for a second opinion.
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As to working while on Social Security....are you retiring at your full retirement age or earlier, say at age 62? If you are taking early benefits yes, you can work, but if you do work and earn over a certain amount per year (which changes each January) you may have to pay back a portion of the benefits you received for that year. Say you earn over the exempt amount, then you have to repay a portion of the SS back. SS will notify you of how much. If it's a hardship to repay it as a lump sum deducted from your benefits, ask for a payment agreement and pay it back over several years, little at a time deducted from your benefits. I speak here from experience, having earned over the limits for several years after my retirement at 62. Don't hold back on earning, just make sure you estimate your income tax for the year and have enough withholding to cover that. Glad to know there is a fellow overthinker out there. I think it's a good obsession to have. I don't have any idea if NV is similar to OH in the deeds on death, but ask the lawyer. If you might have a headache when getting this explained, either bring your son or ask to tape record the meeting so you can review it later. This recording also works during doctor visits if you think you think you might not remember everything you hear.
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Your son will never be made to pay back your Food Stamps. Zero chance. I've worked in welfare in the last few years, as well 45 years ago. I know this. Next, SSI, I have never, ever heard of a third party (your son) having to pay back any other person's SSI. If you are worried about that call Social Security 1-800-772-1213, or go on ssa.gov and look for yourself. Now Medicaid is iffy. Have you been in a long term care facility, a nursing home? If not don't worry about it. You or your son will not have to pay anything back. Now, for the long view. Someday, way down the road, you may again need Medicaid for nursing home care. If you die, then the above post about the state having a claim on the house with a higher priority than your son is correct and he would not likely get the house. So now you can obsess about that possibility down the road. Now there might be a reason to set up a trust early on, put the property in the name of the trust, and name your son as a successor trustee (after you) and successor beneficiary. Here's where you need a lawyer. Talk to the lawyer now and be sure you understand the answers.
And good for you for being recovered enough to look for work again. Get a job with an outfit that offers group life insurance with the option to voluntarily sign up for more than the minimum they offer. Insure yourself big time and name your son or trust as beneficiary. Maybe he can use that to help get his own house!
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There are lots of reasons for burnout, as the caregivers here can testify. Among the reasons are a lack of success in facilitating change in the client, client relapse, compassion fatigue, disgust at the consequences of clients issues (drug addicts, for example may abuse and neglect their children, prostitute themselves, commit criminal acts while under the influence or to obtain money to feed the dragon), and on it goes. Some jobs require long hours, weekend shifts and on it goes. And you just can't make it better for everyone, no matter how great your intentions and skills. Talk to several people in the field before you decide to do it.
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Thank you so much. Any help you have is so much appreciated. I am going to be 62 , early retirement. I think maybe, in order not to stay on spin cycle thought review all summer, mabe I should pick up my deed and will, and seek a second opinion from an elder attorney. What does that sound like? I appreciate your input so much. When I overthink, sometimes I isolate, if that makes sense, and I look and act young sometimes, mostly, always gor my age, but I could think I was way old, if I dwell on law all summer. I hope we can keep in touch, you have no idea how much you are belping, and I will pay it forward. Keep in touch, you are an angel(:
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Not all states allow a transfer on death deed or automobile titles. You should definately seek legal advice from a reputable attorney who specializes in estate and elder affairs.
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Debralee is correct, but I checked and Ohio does.
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Thanks, you both are a breath of fresh air to this ocd, add overthinker. So OH allows the house transfer on death deed to my house to my son? Is there any way , that he will be billed for my food stamps, medical, or ssi use or should I take my document to an elder law attorney, for second opinion? See what three obsessing for a couple three months can do? I think it is time to stop, and get about job hunting, but you are so appreciated. I will send wording when I get the document, or maybe if you could just anzwer what you think about what I asked, ran out of my focus med til coming wk, can u tell, lol. Thanks. Mary in OH. I told the dog today that I should have been Einstein, I am smart, it is just, I can reitterate a topic for notstop, seems I can with some, but other topics, I punish me, enough. God bless. Mary in OH
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