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Son has cared for mom since 2004, she is legally blind at which time she did a quick deed on residence and put son on deed with her. He cared for her until 2018 at which time she needed more health care than he was qualified for.


Mom is now on Medicaid at long-term care facility and will not be returning to residence.


Since son is on the deed, will he be exempt for the child caregiver exemption?

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This is what my recovery paperwork from NJ Medicaid says:

The only time that recovery will not be pursued is:

#3. If a family member of deceased Medicaid client has, prior to the client's death, continuously resided in a home owned by the client at the time of the clients death, and that home was the clients primary residence, and was, and remains, the family member's primary residence, the Division may record a lien against the property but will not enforce the lien until the property is voluntary sold, or the resident family member either dies or vacates the property.

So as I read this, 14 years I think would constitutes primary residence. Then throw in Care giver too...they will be able to stay in the home.
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Reply to JoAnn29
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Can you please clarify: "He cared for her until 2018 at which time she needed more health care than he was qualified for?" What most people miss is the level of care requirement. It needs to be care that keeps a person out of a home, not just cooking, cleaning, etc. He would have had to do more in depth personal care and services a nursing home would provide. Also, some states do not allow the person to work during that 2 year period and no respite.
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Reply to tacy022
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No...if he lived with her and provided the care in the two years prior to her going onto Medicaid...then he qualifies.

but..she entered the nursing home last year.

it is not clear is she entered on Medicaid or is only just now seeking to be qualified for Medicaid. If there is a year long gab it could make him not qualified
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Reply to Katiekate
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worriedinCali Apr 9, 2019
No I’m right. He’s cared for Mom since 2004. He qualifies for the exemption as long as he lived with her for 2 years. Even if there was a year long gap. He cared for her for 14 years before she entered the nursing home.
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If he lived with her for 2 years prior to her going to the nursing home then he qualifies for the child caregiver exemption regardless of what the deed says.
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Reply to worriedinCali
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The term you are looking for is not quick deed....it is Quit Claim Deed

the answer depends on exactly how their names are listed on that deed.

in one case he has ONLY 1/2 of the value of the house in his name only, so only half is protected.

have a real estate attorney check this over.

also...realize that a quit claim is not a warranty deed....the owner makes no claim to the validity of the deed or that there is no prior claim or lien. So, no title company cleared this.
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Reply to Katiekate
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igloo572 Apr 12, 2019
Also as the QCD is not a warranty deed (no guaranteed that the owner is true & verifiable), banks are skittish on having the property used as collateral should you want to get a HELOC or other securitized lending.
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