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My mother is 100+ yrs old, shes in hospital and needs to go to nursing home for rehab, stay maybe permanent. If long stay at nursing home, will need to apply for Medicaid (New Jersey). My father is deceased. Home is in my mother's name and mine. We have been in home over 50 yrs. Can property be 100% transferred to me (exempt transfer)? If so, will there be penalties? Will Medicaid place a liem on property?

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Medicaid is state run so it's smart to consult an elder law attorney who knows your state laws. What may be permitted in one state could be illegal in another.
Good luck,
Carol
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Please consult an attorney who specializes in Elder Law before taking any steps with the house. Mistakes at this point could be very costly.
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Yes, see an attorney. Some states have an exemption for transferring a property to someone that received your care and was medically necessary. The care would be for a period of two years prior to being admitted to a nursing home. If you were working a job the exemption may not apply. You really need to see an attorney.
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Transferring property to you if you provided care.
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Go meet with Matthew Rasmussen, elder care attorney, he will help you. I am using him and he is very reasonable and understands both Medicaid and NJ Recovery. He will do phone calls and emails, and face time, if you cannot get to his office. He is working with me right now on a similar situation. Janet
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There are also different Medicaid & Recovery rules, both are different, both have different regulations, so you need to know about both before you do anything. If you are living in the home or not, that makes a difference. They cannot force you to leave the home, but can lien the home. If you do not live in the home, they may be able to force you to put it up for sale, if you sell it then the money gets used for ur mom's care before Medicaid kicks in. If she goes on Medicaid and the house sells after, she will be removed from Medicaid until the assets are used up. Call Matthew right away he is a NJ Elder Care attorney, Medicaid & Recovery Attorney & Probate Attorney. He understands all the laws surrounding every possible scenario. Janet
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PJ, do NOT transfer it, it will be a gift, a huge gift that stops Medicaid cold.
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'Just take her name off of it'??? Just like that??? Isn't that still a transfer, or a gift? I don't think that will fly at all! .... Better to contact an elder care law lawyer, this kind of thing must be sorted out legally. There are plenty of opinions on the internet, but for your own good, please see an attorney.
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I agree with you, Lassie. Forums like this are great for sharing personal experience, what we've learned the hard way, things that worked for us, etc. But for a legal opinion on a topic that really matters to you, consult someone qualified to give a legal opinion!
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That's 'quit claim' deed, and there's still a 5 year lookback period if you think she will need Medicaid.
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