Need help with filing durable POA papers. I also need help with transferring deeds and titles in my name. Any advice? - AgingCare.com

Need help with filing durable POA papers. I also need help with transferring deeds and titles in my name. Any advice?

Follow
Share

I was highly advised to place my mom in a nursing home which is very hard for me to accept. I know she needs more skilled nursing than I can provide at times. Then again I feel she should be able to live in her own home also. I need help filing lady bird deed does any one know of a pro bono attorney in Hunt county area?

4

Answers

Show:
Be super careful here. An elder law attorney is very, very advisable before making any steps.

Simply putting the title in your name can be deemed a transfer for less than market value, which she's penalized for (and thus unable to go into a nursing home), and the house would likely still be subject to estate recovery regardless.

I'm currently dealing with the backside of an attempted transfer for the same reasons, and let me tell you it's not something you want to deal with. For whatever reason people are affable about your desire to save the home, but then like to use the word "fraud" a lot once you actually try to do it... Just be careful.
Helpful Answer (1)
Reply to Gripp717
Report

Remember that a lawyer can be reimbursed upon the sale of the home as it is being done for her
Helpful Answer (1)
Reply to MACinCT
Report

Your mom & you imo are be better off having an atty with a law firm do the paperwork. The Lady Bird Deed is NOT a one time document. The property stays in her name so she is still the owner till she dies. An atty will be needed to do an after death filing for title release & change to your name at the courthouse and deal with HMS which is the outside contractor for estate recovery (MERP) for TX. Unless you positively know how to deal with these things correctly.

LbDs can be done for homestead property. I don’t think it can be done for non homestead property. I mention this cause you wrote “deeds and titles”, it sounds like she owns property / properties in addition to her home. Those cannot be exempt for Medicaid by a Lady Bird. If she owns stuff beyond her home and a car, she’s not going to be eligible for Medicaid.

Really your mom needs to meet with an elder law atty to get the dpoa done and find out if a LBD can work for her and her asset situation. Hopefully it can. 

Did anyone explain the required copay or SOC (share of cost) aspect of NH Medicaid to you & mom?? This seems to often come as a total surprise. Once mom goes into a NH and applies for Medicaid and is living there “Medicaid Pending”, she is required to have all her monthly income be paid to the NH as her copay. All she has for extra $ will be a personal needs allowance. For TX it’s $60 a mo. That’s it and realistically it’s maybe enough for her beauty shoppe visits and some toiletries replacement. There will be no-none-nada of her $$ anymore to pay towards the costs of a house in her name. So all property costs - taxes, insurance, utilities, repairs- must be paid by you. And paid by you till she dies and it transfers to you via the Lady Bird. 

House isn’t yours till after she dies. You cannot get lending on it or use it as collateral. Mom cannot get lending on it either as it would make her ineligible for Medicaid. 

Lady Birds are great but if your parent is on NH Medicaid, you on your own have to have the $$ to afford everything on the house with a LBD for however long she lives and then 3 -4 months after her death. Please please take a hard exacting look at house costs and your financial capabilities. Having a LBD does no good if 2 years from now house goes up for tax sale as you cannot afford to pay them.
Helpful Answer (3)
Reply to igloo572
Report

Call the Area Agency on Aging that serves Hunt county. Explain your situation -- they may have suggestions for you.
Helpful Answer (3)
Reply to jeannegibbs
Report

Related
Questions