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Yes, she can live on the farm but what happens at the time of Day death? Medicaid should be putting a lean on the property unless that will be done at Mom's death if she lives longer than Dad. Surprised she got to keep the whole savings. My friends mother only got half the other half went for her father's care in a NH. Glad for ur Mom.
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JoAnn29: What you said is what
I thought, too; but our attorney says otherwise.
Farm is going into Mom's name only, and will not be subject to Medicaid repayment for Dad's care. I suppose if she someday requires Medicaid, it might be another story.
There are asset limits that the "community spouse" can keep and still qualify for Medicaid for the spouse in the NH. In Indiana, it's $50,000. Money in excess of that is going into an annuity that is obligated back to the State for his care if she dies before it's all paid back to her--in 3 months.
The services of an Elder Law attorney do not come cheap, but the specialized knowledge is worth the cost.
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You know you can take the cost of an attorney out of Mom's money and Medicaid excepts that. My husband and I were told when we did our wills there is something where the deed can be changed over to the one spouse if the other is incapacitated. We weren't interested at the time so didn't get into it. We need to get our POA's in order now we are getting "older". Will find out about this when we do it.
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Interesting. When we sold & bought another the title co. Wanted original copy of DPOA & they said it had everything needed. I didn't put new place in my name only but guess I shld have. Hubby has alz 9 yr now & still continent. Works puzzles & dot to dot when awake.
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Dontask4handout: Abuse DOES stop when the abuser is incarcerated!
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Windsor woman, What have you decided to do. you got many responses and much support???
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Hi CTTN55. Right there with you. Then I think of all the good things in my life. Which I need to reinforce. Tell myself , it could be worse. Because it really could. Can't believe how care taking consumes every waking minute and in dreams as well. No break.
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I did this as I loved my Grandmother and she had a $2.3 million cash trust which I was a 50% beneficiary, actually she had an AB trust which meant I was already an irrevocable beneficiary since my grandfathers death in 2006, sadly I only learned his after her death when I discovered after Pradaxa overdose and strokes she secretly cut me off yet never told me! using me as an indentured servant nearly 2 yrs! She led me off a fiscal cliff with the help of her attorney who knew I was care giving 24-7 with my girlfriend's assistance as she required help bathing and toileting every 4-6 hrs around the clock! as well as changing bedding every morning, cooking, cleaning everything.
Suddenly aster her death I was treated like dirt a parasite etc which could not be further from the truth.
I had to get an attorney and fight my sister who never did a thing and even failed to invite our Grandmother to her wedding and a daughter of mine in LA who was always begging her great Grandmother for a new disaster. I mediation they offered my $100k out of $2.3 million.
The lawyers ended up with $700k of the $2.3 million and I am now facing suing her attorney for malpractice hiding a B trust disenfranchising B trust beneficiaries!
Her tax man became her POA then trustee which I learned later is a huge conflict but nobody cared as far as judge etc!
As you can imagine her trustee became the cliche worst nightmare imaginable , keping a $64k car against her instructions for 2 yrs put 7 000 miles on it causing $6k damages also nobody cared, in fact he tried to hide $1 million I knew existed and only after I provided statements I saved I was able to prove it otherwise the trustee was going to keep $1 million cash!
Plus I learned he was fined $19k bt FINRA in 2006 for failing to use due diligence a fact he hid from my Grandmother too.
Trusts and probate are a ticket to steal with little to no repercussions! NEVER use a trust, there is 0 oversight and was has oversight is ignored! I regret ruining my life to provide exemplary care for my Grandmother I was an EMT years back and truly treated her as royalty . Care givers are looked at like losers and parasites!.
I had a $24 hour job in HVAC at the time I quit and it was the worst decision I ever made.
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