Follow
Share

Me and my husband are old and sick and want to move in with my daughter. We will pay her rent, but do have a house. We cannot sell it due to Medicaid. What is our option? I can’t afforded paying for the house and paying rent, but I can’t sell it because I can’t loose Medicaid. Can I give it to state? How does that work? Or stop paying mortgage and have the bank take it? I don’t know what to do. Help please!

You, your husband, and your daughter need to meet with an Elder Law attorney to advise you on how to do all of this.
Helpful Answer (0)
Reply to MG8522
Report

Contact a local SHIP Counselor thru Medicare as part of your research. Meet with them in person or on the phone. Some Senior Centers have them in person by appointment. If your monthly income qualifies they have a QMB or QMB+ program that allows you to keep more in the bank, just under 15 K for a married couple, as opposed to straight Medicaid 3K for a married couple that so many states offer. It varies by state. SHIP can explain all of this. It is complicated, but easy with their help.

QMB is a combined Medicare/Medicaid program, but it is accessed a different way. They also allow Medicare Advantages Dual SNP plans, if you prefer. Or straight Medicare with Medicaid. It's all income and asset based. They also call it a Medicare Savings Program.
To make an appointment with a Counselor, even by phone and get more info.
https://www.shiphelp.org/ and https://www.medicare.gov/basics/costs/help/medicare-savings-programs
Helpful Answer (1)
Reply to QuiltedBear
Report

Mona, why exactly is it that “cannot sell it due to Medicaid”?

My understanding is that medicaid actions (MERP) on a property is an after death process. It’s an Estate Recovery system. Now if you are in a State that actually does a very strict interpretation of TEFRA, the lien may exist proactively* but it is not a recoverable action till after death of both the spouses as only then can a fixed $ amount be assigned. Also Medicaid is huge # of different programs. Not all Medicaid programs fall into the MERP requirement.

So…
1. what Medicaid program are you on and does it lead to after death MERP?
and
2. Is there actually a lien placed by the State on the property???
Like have you have a title company do a search for you and it was there with an $ amount and recorded at the courthouse?

Or is this something that you have heard about from others? Details matter big time when it comes to all this. And a lot of misinformation and fear mongering on what is subject to MERP.
Helpful Answer (1)
Reply to igloo572
Report

You can sell your house but you will lose your Medicaid until you spend down the proceeds then you reapply. Medicaid does not do recovery (claw back) until you pass. Then a lien is put on the house, if you still own it, so when it sells they get back what they put out on you.

I think you need to speak with an Elder lawyer. Not just to protect your Medicaid but if you will be paying rent, you need to have a contract because of Medicaid. For Longterm care Medicaid has a five year look back in most States. The amount you pay for rent will be questioned and you will need backup what that money is being used for.
Helpful Answer (1)
Reply to JoAnn29
Report

You and your daughter can contact a lawyer that specializes in Medicaid.
Helpful Answer (0)
Reply to JustAnon
Report

So are you on Medicaid at home? You sell , then Medicaid already has a lein which claw back gets first, then you use the rest. You know that old saying, you cannot have your cake and eat it too. However if you live with your daughter, what will happen when you run out of money?
You can call Medicaid for answers. Each state has different rules. Medicaid should already have your financial situation and have more specific answers than what we can give
Helpful Answer (0)
Reply to MACinCT
Report
JoAnn29 7 hours ago
Thatsnot how it works.
(1)
Report
Ask a Question
Subscribe to
Our Newsletter