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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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You need an attorney to sell the house. Why not find an elder law attorney. Ask if they can also do a house closure. This way, you will get the best advice from your state laws on how to split those assets to protect you in case he needs Medicaid
If staying in home, simply have hubs sign and then file/record a Quitclaim Deed with the county in which the property is located, which transfers his 1/2 interest of the property in your name. This will get him off the title of the property, and you will be the sole owner. If not staying, yes you can sell the house you are in but hubs will need to sign the closing documents, if he hasn't signed the Quitclaim Deed.
Quit Claim Deed can appear to be simple & easy & cheap DIY but they do not - DO NOT - guarantee valid Title exisits. It is a Warranty Deed which does that. QCD transfers what the individual thinks is their ownership; no guarantee. QCD releases the grantors interest, whether or not valid Title exists. Plus if anticipating LTC Medicaid filing, that QCD title change is viewed as “gifting” of an asset. Gifting places a transfer of assets penalty unless a full 5 years before the date of LTC Medicaid application filing.
If securitization exists on property (mortgage, HELOC, lending using property as collateral) those still exist. The Grantor is still responsible for any mortgage. Doing a QCD doesn’t change that.
Doing a QCD can other trigger issues. Like if there is a mortgage, that change in title - due to the QCD - can trigger due-on-sale clause; or the lender can require credit worthiness to assume the loan. The Garn-St. Germain Act - that enables heirs to inherit a mortgage - does not exist for QCD title transferred property. For reverse mortgages, if the owner who did the QCD was the RM applicant, a QCD places loan out of compliance, so RM starts foreclosure process. RM are not assumable loans. If any tax exemptions exist based on the person who did the QCD, those go away.
Even if owned outright, QCD still poses problems due to title not “guaranteed” like a Warranty Deed is. If you need lending for renovations - eg a HELOC - or you want to use it as collateral, banks are real skittish on doing loans on QCD. If you want to sell the property, & the buyers themselves need to get a mortgage, that QCD is an issue for the mortgage lender. Banks / lenders want a Warranty Deed, with it’s inherent guarantee, so tend do a hard pass.
To get around this usually you end up having to do a Quiet Title Action. Quiet imho isn’t difficult but it is Real Estate attorney work as has a very set precise structure of Notices and filings done over a period of time. Usually a Quiet Title Action takes abt 6-10 months.
Quit Claim can work under some circumstances. But it can pose very serious issues later on. If Medicaid involved, please Please pls keep in mind the LTC Medicaid caseworker has basically an all-access pass to State / County/ City records, plus SSA, IRS and TALX database. If on any needs based programs before filing for LTC Medicaid, their info is in the PARIS database as well (Public Assistance Reporting Info System). Creative planning for LTC Medicaid is realistically done best by CELA level of elder & estate planning attorneys.
Estate recovery come after Medicaid stops. Most often when the recipient passes. You can sell the home, but it need to be fair market value. The state will try to take everything that is left of the Medicaid recipient when the Medicaid recipient passes. If you sell the home and buy another they will put a lean against it also to get back the money spent.
If you sell your home just be aware that Medicaid has a 5 year look back period. So they will look at a home sale or if you were to put it in a family member’s name. As others have said, Medicaid doesn’t pay for assisted living, but will typically pay for nursing home care if the person qualifies medically and financially.
Most states allowed the spouse to stay in the home indefinitely, regarding sell and downgrade, better suited for elder law attorney. Medicaid is considered a form of welfare intended for those with minimal assets.
It will all depend on the Medicaid estate recovery laws in the state where mom receives Medicaid. Consult an elder law attorney in mom’s current state. Go to www.naela.org and enter the city and state or zip code in the “find an attorney” section to find an elder law attorney who can give you competent advice for mom’s state. Hire attorney to give you colorectal advice for an hour or two.
This depends on many factors, all of which require the assessment of an attorney. Take all deeds and other asset lists to an elder law attorney and find out options for estate protection for yourself.
Geaton Medicaid does pay for ALF in some situations and more so in some states vs others.
Igloo just wrote a long explanation on the details of it on a recent post.
PB
It is helpful if you list your state.
In SOME states, maybe all, when a husband goes into care, and there is a CS, community spouse, that’s you PB, through Medicaid, then the assets are divided in a manner that allows the CM to continue living in the community. A portion of your husbands SS could go to you to help pay the mortgage as an example.
A certified elder law attorney can help you with this. A portion of your husbands income can be used to help pay the mortgage or whatever is necessary up to a point. There is a limit.
Medicaid requires a person to be financially in need and to be physically at need.
You need an attorney well versed in medicaid for your state that understands the Medicaid laws. Especially when there is a spouse. The attorney may indeed advise you to sell the house if that’s your choice but would protect your interests by advising you of the necessary steps and in what order. There are many many factors involved.
In MN it's a 1915(c) HCBS waiver ("elder waiver") and it is often in-home based. It pays for in-facility medical care but it does not pay for room & board.
You've asked 2 very different questions: Protecting house from estate recovery. Selling a house because with him in AL you can't afford the mortgage payments. Medicaid does not pay for AL, so right now, there's not going to be any "estate recovery". Medicaid in most states only covers the medical portion of LTC and his SSI covers the room & board. At the point where he needs this, MERP (Medicaid Estate Recovery Program) puts a lien on the house, it does not "take" houses and the next owner needs to clear the lien. Being able to afford the mortgage... that's mostly a question for a financial or estate planner for your home state. If you are the FPoA for your husband, and the document gives you the authority to perform real estate transactions in his name (and the PoA is active) then you sell the house and get out of debt. You need to know how to afford the AL and maybe even the MC in the future. There is another public forum that deals with financial issues: bogleheads.org and you can maybe post your situation there and get more appropriate responses. This forum is mostly about caregiving.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Plus if anticipating LTC Medicaid filing, that QCD title change is viewed as “gifting” of an asset. Gifting places a transfer of assets penalty unless a full 5 years before the date of LTC Medicaid application filing.
If securitization exists on property (mortgage, HELOC, lending using property as collateral) those still exist. The Grantor is still responsible for any mortgage. Doing a QCD doesn’t change that.
Doing a QCD can other trigger issues. Like if there is a mortgage, that change in title - due to the QCD - can trigger due-on-sale clause; or the lender can require credit worthiness to assume the loan. The Garn-St. Germain Act - that enables heirs to inherit a mortgage - does not exist for QCD title transferred property. For reverse mortgages, if the owner who did the QCD was the RM applicant, a QCD places loan out of compliance, so RM starts foreclosure process. RM are not assumable loans. If any tax exemptions exist based on the person who did the QCD, those go away.
Even if owned outright, QCD still poses problems due to title not “guaranteed” like a Warranty Deed is. If you need lending for renovations - eg a HELOC - or you want to use it as collateral, banks are real skittish on doing loans on QCD. If you want to sell the property, & the buyers themselves need to get a mortgage, that QCD is an issue for the mortgage lender. Banks / lenders want a Warranty Deed, with it’s inherent guarantee, so tend do a hard pass.
To get around this usually you end up having to do a Quiet Title Action. Quiet imho isn’t difficult but it is Real Estate attorney work as has a very set precise structure of Notices and filings done over a period of time. Usually a Quiet Title Action takes abt 6-10 months.
Quit Claim can work under some circumstances. But it can pose very serious issues later on. If Medicaid involved, please Please pls keep in mind the LTC Medicaid caseworker has basically an all-access pass to State / County/ City records, plus SSA, IRS and TALX database. If on any needs based programs before filing for LTC Medicaid, their info is in the PARIS database as well (Public Assistance Reporting Info System). Creative planning for LTC Medicaid is realistically done best by CELA level of elder & estate planning attorneys.
Medicaid is considered a form of welfare intended for those with minimal assets.
Medicaid does pay for ALF in some situations and more so in some states vs others.
Igloo just wrote a long explanation on the details of it on a recent post.
PB
It is helpful if you list your state.
In SOME states, maybe all, when a husband goes into care, and there is a CS, community spouse, that’s you PB, through Medicaid, then the assets are divided in a manner that allows the CM to continue living in the community. A portion of your husbands SS could go to you to help pay the mortgage as an example.
A certified elder law attorney can help you with this. A portion of your husbands income can be used to help pay the mortgage or whatever is necessary up to a point. There is a limit.
Medicaid requires a person to be financially in need and to be physically at need.
You need an attorney well versed in medicaid for your state that understands the Medicaid laws. Especially when there is a spouse. The attorney may indeed advise you to sell the house if that’s your choice but would protect your interests by advising you of the necessary steps and in what order. There are many many factors involved.