How do I keep from losing our house that's been paid for should my husband die before me? - AgingCare.com

How do I keep from losing our house that's been paid for should my husband die before me?

Follow
Share

After having my mother in a nursing home after bladder cancer surgery, then living on the Independent living side of the "Manor" I've learned the first 90 days are covered by Medicare/Medicaid in Health care, after that, the Manor and gov. get the largest portion of her income* which was minimal, along with my dads govt. income after he died.
What I'm trying to ask, is How do I keep from losing our house that's been paid for should he die before me? My husband is disabled, having lost his left arm at the rib cage due to an electrical work accident. If he's in health care at a manor for more than 90 days, what happens to the income, the house, assets??
I understand that a large portion got for his care, what happens to me? How do I safe gard the house for myself?
OR...would it be more than likely that I'd be in an apartment by that time, so as not to have to worry about yard work, maintenance etc? I understand that any money in the bank has to have been removed 5 yrs prior to him entering a health care facility in order to retain any money we may've had set back.
I live in Kansas.

Your help is greatly appreciated.
Maure

This question has been closed for answers. Ask a New Question.
13

Answers

Show:
Medicaid will put a lien on your home but will not make you sell or move. If you sell, they could take money owed from the proceeds. Seeing an estate attorney or elder law attorney would be a good move so that you know for sure what your state laws will allow. Please do so. It's best to know what will happen under any foreseeable situations.
Take care,
Carol
Helpful Answer (1)
Report

lol, doodlebug.
ive been thru my own dementia carer hell and to me the only relief was a bit of inane humor. my mother has been gone for about 6 months now and im not nearly back to normalcy. she treasured my humor right to the end so it must have some kind of value.
mom entered a state of terminal agitation when she only had hours left to live and was clamoring for her long deceased brother johnny to help her. i told her johnny was smoking pall mall reds in hell and couldnt help her. i, on the other hand had a dropper full of the shit that killed both MJ AND elvis and if shed take it id have her moonwalking in an hour. she gave me the old sour, dubious glare i was expecting then accepted the morphine.
sorry, this site needs humor in an obvious way. people are bent and ive been there. what you dont think is a bit funny may cause another to laugh for the first time in months. i accept the ongoing risks fully..
Helpful Answer (4)
Report

I highly recommend you make an appointment with a lawyer who specializes in Elder Care..
Helpful Answer (3)
Report

They do not take the home from the spouse because the other one is in an healthcare facility. Look up the laws about this in your state.
Helpful Answer (2)
Report

take the numbers off of your house. it would be impossible to seize without a correct address.
glad to help..
Helpful Answer (2)
Report

Maure, You won't lose the house under Medicaid. If he goes into a Nursing Home, you spend down his cash/savings and apply to KanCare, the Kansas Medicaid program. As his spouse, you keep your Medicare check, you stay in your house. His check goes to the Nursing Home. You are safe. Go to kdheks.gov/ for more information.
Helpful Answer (2)
Report

See the statement below regarding an attorney considered an expert poster on this site:

" K. Gabriel Heiser is an attorney with over 25 years experience in elder law and estate planning. Heiser is the author of "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets," an annually updated practical guide for the layperson. Visit www.MedicaidSecrets.com for more info."

Even though and Medicaid is a federal program, it is ministered through the states and variable by county. Yours is, therefore, a very complicated question. Please visit Mr. Heiser's website and get yourself prepared in order to consult with a knowledgeable attorney in your area regarding asset protection.
Helpful Answer (2)
Report

Captain, are you on these threads just to stir the pot and give inane useless information? I have yet to see a reasonable or sensible answer from you.
As for the question, seek the advice of an attorney versed in elder care.
Helpful Answer (1)
Report

Reference legal and financial tab on this website for more information specific to some exemptions. Home – There is a $500,000 exclusion toward your home, meaning that if your home is valued at $500,000 or less at the time of your application, your home is excluded as an asset. Some states use the higher permitted exemption of $750,000.

I would contact an attorney with experience in estate planning in your area, then periodically have your wills and estate plan reassessed as you age to keep it current and relevant as you age and situation changes.
Helpful Answer (1)
Report

Prior to his applying for Medicaid, seek the advice of an elder law attorney. My mother and father put the deed in my mother's name only prior to his applying for Medicaid. For many years it had only been in her name anyway, then they had put both, then back to just mom's. The attorney recommended a Death on Deed Trust. Meaning that if my father passed away prior to my mom dying then the house would stay in my mom's name. If my mother should pass away prior to my father passing away then the house would go to her children. This is all perfectly legal if it is done prior to applying for Medicaid.
And, as Sunflo2 mentioned, if your home is a lesser valued home, then it may not matter. If it is a high dollar home you need to seek the advice of an elder law attorney. It is well worth the few hundred dollars that you will spend. Some will give you a free consultation and only charge you when it has been determined that you are in need of their services. It will give you peace of mind to know what is ahead of you.
Many people are frightened by the concept of having to deal with government programs but if you know what is ahead of you it will alleviate the added stress of not knowing.
Helpful Answer (1)
Report

See All Answers
This question has been closed for answers. Ask a New Question.
Related
Questions