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She owned some property that was worth 55K but she couldn't sell it due to liens and back taxes. She just managed to sell it recently for 31K and now her Medicaid renewal paperwork is due. I know that she will not be renewed because of this property she sold. I spoke with an elder lawyer and she can put the money in a UTMA for a grandchild under 21 and Medicaid will not view it as an asset if she does this. Has anyone here ever experienced a situation like this before?

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Reply to Rosered6
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I know many of you all have been through similar frustrations. I've been on the phone since this morning trying to get someone from Medicaid to answer my questions. They keep sending me to another department. I just need to know if my mom is going to permanently lose her provider, lose her provider for a certain amount of time, will she need to turn over this money she received to Medicaid -- which is fine. She is 83 yrs old and all her adult children live out of state. I'm not even sure how she managed to sell this property that has several liens and back taxes on it. I'm concerned that if I pay another elder law attorney to help me they might give me wrong info. I really don't know which way to turn. Thanks everyone for listening to me rant.
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Reply to dpapillion1972
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This is in Texas, it was a local lawyer I got through site. I plan to call the medicaid caseworker tomorrow. Thanks everyone for your feedback.
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Reply to dpapillion1972
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Is this in Texas? There is (or at least used to be) a specific exclusion for college tuition and perhaps UGTM accounts. I thought that Texas law had been changed, but I could be wrong. I'd check with the caseworker and make sure the lawyer up to date on regs.

This is why have a local lawyer is SO important! Good luck and please let us know what you find out.
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Reply to BarbBrooklyn
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I will check tomorrow with the caseworker as someone suggested and m maybe pay for a second opinion from another elder attorney. Thanks for everyone's advice.
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Reply to dpapillion1972
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This is where the lawyer got the info: The medicaid for the elderly and person with disability handbook, Chapter F resources, section F-8000 Educational Funds, F-8300 uniform transfers to minors. We found this lawyer through this website.
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Reply to dpapillion1972
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worriedinCali Jul 10, 2019
She’s already on Medicaid though. Which is why you need to talk to her Medicaid caseworker. texas medicaid does have an UTMA exception but it’s for people applying for Medicaid, there’s nothing that says people on Medicaid can come in to money and then transfer it to a UTMA for a minor grandchild.
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The lawyer is wrong. The account will belong to the grandchild which makes the account a non-countable asset for Medicaid but the transfer of any funds from your mother TO the account will be considered a gift by Medicaid. She cannot gift money from the sale of the house and keep her Medicaid eligibility.
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Reply to worriedinCali
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I would ask the lawyer on what basis is this not considered "gifting".

Is this property that your mother received as a gift and thus has no cost basis for, or something of that sort?

Also, is this community Medicaid or Nursing Home Medicaid? The eligibility criteria, especially for assets are different.
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Reply to BarbBrooklyn
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I have never heard of anything like this or any advice like this and I sure would double check this even if I had to have someone else call and pretend they are calling for themselves. I do know there is a short window of time in which to do anything about profit. Is there money owning on any debts for her?
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Reply to AlvaDeer
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Hi BarbBrooklyn,
I spoke with the lawyer myself. She said as long as it was put in a UTMA account for a grandchild under 21 medicaid would not see it as as an asset. Mom would not be able to touch it either as it would go on the grandchild education. I'm very unfamiliar with how any if this works so I wondered if anyone has done this before?
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Reply to dpapillion1972
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I would call her Medicaid caseworker and verify this.

I have never heard of being able to shelter funds from Medicaid in a UTMA account. Only in a "special needs" trust account that is for the benefit from someone with a diagnosed disability.

Was this a certified eldercare attorney? Did you speak to this person yourself or is this what your mom is telling you?
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Reply to BarbBrooklyn
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