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Her current will says we split the proceeds. Now buying another house will my sister still be able to live in the house after her death or while in care facility. Is her will still good being filed in CA or will she need a new one for AZ. My sister claimed to be her part time care giver because there is another part time caregiver.

Firstborn, I see from your profile that your Mom is only 74 years old, and she has standard age relate decline. Sounds like it could be awhile before anyone needs to talk about caregivers or nursing homes. Who knows what will be the standard say 10 or 15 years from now, and how Medicaid will be run in the future.

I would highly recommend that your Mom have a new Will drawn up to reflect the State laws regarding Wills, unless the Attorney says that her California Will is ok for Arizona. The attorney [get an Elder Law Attorney], will recommend that Mom has other legal documents such as Power of Attorney, and a Medical Directive. And ask the Elder Attorney what would be the best way to purchase the new house.

If down the road your Mom needs to use Medicaid [which is different from Medicare] for all of her care plus living in a nursing home, Medicaid will want to be reimbursed. Thus 80% of the equity in the house, Medicaid could place a lien.

Let's hope that Mom doesn't need to apply for Medicaid within the next 5 years. It could become quite a complex maze, as Medicaid could consider the 60% more that your Mom contributed to the house as a "gift" to your sister. Thus, that dollar amount could possibly need to be self-paid first before Medicaid would kick in. Oh, why does this have to be soooo complicated !!
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Reply to freqflyer
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A will should be good wherever presented upon death. However, they should be updated if there have been changes in assets, not a big deal, same wording with updated assets and current address.

I would contact the council of aging in her county, Arizona is very different then Ca.
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Reply to Isthisrealyreal
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Is mom going to need Medicaid?

Many states, if care is medically necessary as documented by mom's doctor, and sis provides that care for a period of two years, the caregiver child is permitted to remain in the home. The reasoning?

Think of it that if sis were not providing care mom would need to be in a facility. Assisted living can run anywhere from $3,000.00 a month to $7,000.00 depending on location and mom's needs. If a nursing home the rate would run from 7,000.00 to 12-14,000 a month.

Is mom paying sis for care? This is not the time to be concerned about your inheritance instead do what you can to assist.
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Reply to gladimhere
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