My Mom passed away this week and it has been a family battle like I read alot in AgingCare..but with the passing my brother or myself will need to go to court ?? My Aunt, former POA said Social Services told her sell it right away as soon my mother went to hospital. This is where she received Medicaid so that she could make nursing home. I was her caregiver w hospice for the last yr and I have lived with her 3 yrs. I had been locked out til mom's passing, changed locks, cut power, refused me of my belongings. I've heard of this hardship waver but I'm not real sure if legal yet. My brother said probate and my uncle told me about foreclosure. If I paid for the house would it be house pmt. or in mom's case house and I think 2nd mortgage.500s up and 250ish in second so close to 900. I had been taking care of mom and now no job and boyfriend pays for me so kindly but we have nowhere to live. I'm overwelmed and tired so I guess what happens when you lose a parent and have do right by her but what is right?

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Close to 900 in payment with both but only owes with both 34k and 76k
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Buzzard, i am confused. What is the value of the home? 144k? What is the 900k?

Most states require two years of care for someone that the doctor determines the care is medically necessary. If you provided care for one year the waiver would not apply.

There are two mortgages on the home? Sounds like the only option to be able to stay there would be is you could buy it, paying off the mortgages.

It may help you to understand what is happening if you speak with an elder law attorney. Many will do free initial consultations.
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If home is in foreclosure there is no Medicaid exemption or caregiver assistance. You would need to come up with money to pay off both mortgages to keep property. If mom was on Medicaid, no funds to pay mortgage were being sent to banks. That is reason for foreclosure. Bank will auction off and hopefully there is enough to pay the 2 mortgages. Medicaid will file a lien to get whatever is left to get reimbursed for what Medicaid paid for nursing home care. Social services probably told aunt to sell house so property could avoid foreclosure when no mortgage was paid. If you were locked out, you are past deadlines. There may be unpaid property taxes and insurance. I’d stick with trying to get your personal goods. The house is probably a lost cause. Sorry your family didn’t get legal advice early on.
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igloo572 Jul 2020
Just a thought, but It might could have been that social services told POA that the property had to be either placed on the market &/or sold as it was over the exempt asset limit for property value. Most states have it abt 500-550k; a few mainly upper east coast ones have it higher at 700/800k. A home with 500k balance on a first mortgage probably over 500k on tax assessor records so over Medicaid limit.
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You don't way what state you're in as laws can differ quite a bit between each. I'm trying to follow your post so to clarify:
- social services advised your aunt, your mom's financial PoA, to sell your mom's house when your mom went into the hospital (why did she go to hospital?)
- someone applied for Medicaid for your mom and she qualified (this is a process, no one just "receives" Medicaid and it takes 3 months from application to acceptance, fyi)
- you lived in your mom's house for 3 years (when and why were you "locked out"?)
- you have a Hardship Waiver, and you're not sure it is in effect yet
- your brother said the [house?] will go into probate, but your uncle says it's going into foreclosure (so, your mom's house was never sold when she went into the hospital?)
- you are seeking to buy the house now
- you don't work now but your boyfriend supports you financially
- something about a second mortgage...your mom had a second mortgage on the house and close to $900K is owed on it still?

We can't know what is "right" or even doable or legal unless you clarify the information. Thanks
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Buzzard Jul 2020
I replied a lengthy answers to your questions but it disappeared ...I guess I'm curious if I hopefully pushed the post reply and you received it???
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