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House is currently in my son and nephews names. am afraid to put my name on it to save $1900 in taxes for homestead exemption. can medicaid consider the house and asset and force me to sell it. House is paid for and there could not be a less expensive place to live. total S.S. and SSI income is $740 a month ...taxes and ins. are about $350 a month ...utilities are about $300 a month....my son pays the taxes and ins. for my now but can't continue that much assistance anymore. The money saved would cut $158 off the monthly tax and ins. bill.

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I hope someone can answer your question. It's such a tricky thing. I usually just suggest that you consult with an Elder law attorney who focuses on Asset Protection and Medicaid. I'm not sure who much they charge in your area, but it certainly is worth it, IMO.

There are some people around here that are pretty up to date with their information, but I would also keep in mind that the laws vary from state to state, even though it's a federal program and it could make a difference in your case.

Some times you need someone who is informed of all the details in your case to give you reliable information. I would get that before I transferred any property.
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Keep your name off it and that way Medicaid can't take it away.
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Putting the house in your name exposes the home to any liens or claims against you. If you are on Medicaid or will likely be applying for Medicaid for NH, then Medicaid will be able to place a lien or claim on the property and has to under the MERP (Medicaid Estate Recovery Program) requirements by the feds to the states to get the federal share of funding for Medicaid.

The property remains an exempt asset for Medicaid. Medicaid cannot force you to sell the property. But realize that once on Medicaid you will have to do a co-pay or the "SOC" of your monthly income. You get to keep a small personal needs allowance ($ 30 - 90 a month) but there will be no other $$ to ever pay on anything on the house again by you (which you seem to be doing & paying with your SS). Family will have to pay on everything on the home and as the home is in their name it is their responsibility to do so.

But it seems you have a bigger issue, and not to be harsh but you just cannot afford this house. $ 158 a month is nothing to sneeze at but really that won't cover an emergency plumber or emergency tree removal. $ 4,200 a year for taxes & insurance & $ 3,600 for utilities really isn't high. If the owners don't have an emergency fund for the home, then what happens when December is a killer winter month for utilities? What if the home is sold and nephew & son as owners place the $ in a Special Needs Trust (and OK for Medicaid, you need an attorney to do these too) for you so you can go into IL or AL and be able to do it private pay. Often the nicer NH require that you are private pay for a period of time in either their NH or AL/IL if it's a "tiered" facility BEFORE they will accept you as a Medicaid Pending resident. Perhaps look into that? Moving out of your home isn't easy but often can be the best way to use limited funds. Good luck dear.
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guitarjohn, don't forget to apply for SNAP (food stamps) and HEAP, that will help you a lot this winter. Now if you went into subsidized apartments, your overhead would drop to 30% of income or $222 per month. Think it over.
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