Pamfogo - Yes & theres been a couple on this site who have gotten a reduction. Kids dealing with parents under 100K value homes who had property expenses. It's a somewhat different situation than a spouse.
So have you spoken with either the state or it's outside MERP contractor? If it's a contractor, there are 2 main ones and they get a % of the recovery so more of a debt collector approach. But whichever it is, all must adhere to state laws as to collections, probate, property rights & recovery rules.
To me, I'd be trying to find out if you could just outright qualify for an total exemption or exclusion to recovery. Did you get a NOI (Notice of Intent) back in 2011 within 6 mos of his death & was there a questionnaire with information as to exclusions and exemptions so that you could do any, and if so, did you fill it out and file for any? If you're on fixed income, there is a low-income exemption. Also some states do an exclusion for any recovery if a surviving spouse. Theres a whole bunch of others. If you qualify for one, say so. If there seems to be an issue, I'd contact a NAELA atty to look into.
Did you possibly open probate with house transferred to your name? If so, did state file a claim for 49K? Talk with your probate atty.
Is there a lien? 2011 - 5 years ago. Your state may have a statute of limitations for lein placement. There was someone on this site who was going to just pay taxes for 10 years and then file for a heirship transfer as his statute of limitation is 10 years. Not an approach I would do, but for some it could work. You can probably go on-line to courthouse records to see if any lein placed onto property.
There probably needs to be something definite done as getting clear title for sales for owners 55 and over if Medicaid was ever involved will require some sort of "release of estate recovery" document. If the property is to be sold to somebody getting a mortgage, they are going to likely need to get mortgage insurance which means clear title. There is a article in Stargazer a couple of years back on the position title companies are in for doing title insurance. If you Google Stargazer MERP Texas, it should come up. Good luck in all this and I hope you are able to get things done with minimal worry, time and cost.
Pateye - Pamfogo is dealing with MERP - Medicaid Estate Recovery program. If you go onto Medicaid after age 55 - whether NH Medicaid or community based - and it's after your state added Bush Deficit Reduction Act to state laws, your state is required to attempt a recovery or repayment of all medicaid $ paid from the assets of your estate.
Medicaid may not go for that. This is an asset that they allowed her to live in. If she and her husband are on the deed maybe they will only base the amount on his half. She needs to talk to Medicaid.
My Aunt died with a Medicaid lean on her home for $23k. She collected SSI and Medicaid was he health insurance. Her disabled son is being allowed to live in it since he was at the time of her death. If he sells the house, he owes the 23k. I think this is something u need to discuss with Medicaid.
So presumably Medicaid has already been holding the charge against the home since 2011. Does anyone know how they tend to react if the surviving spouse is facing hardship? Will the length of time before opening negotiations make any difference?
If you are living in the home, Medicaid should not attempt to recover from it until after you are gone. You should be able to sell it. But keep in mind that if you need Medicaid long term care in a NH or at (your replacement) home, you will have to "spend down" to have no more than $2,000 in assets. If Medicaid is dunning you, consider asking an elder lawyer to straighten things out (www.naela.org)
My spouse was in a NH, passed away, and I now am trying to sell my home. The bill I received from Medicaid upon my husband's death in 2011 was for $49,000. I am on a fixed income and was hoping to realize a bit of money from the sale of the home to augment my income. I was hoping that it would be possible to negotiate the debt down so that I would have something left for me.
Pamfogo - so are you dealing with a post death NOI from MERP & there's a house? OR your a dpoa trying to plan out how to deal with MERP in the future and your elder still owns a home but in a NH or about to enter a NH on Medicaid?
So have you spoken with either the state or it's outside MERP contractor? If it's a contractor, there are 2 main ones and they get a % of the recovery so more of a debt collector approach. But whichever it is, all must adhere to state laws as to collections, probate, property rights & recovery rules.
To me, I'd be trying to find out if you could just outright qualify for an total exemption or exclusion to recovery. Did you get a NOI (Notice of Intent) back in 2011 within 6 mos of his death & was there a questionnaire with information as to exclusions and exemptions so that you could do any, and if so, did you fill it out and file for any? If you're on fixed income, there is a low-income exemption. Also some states do an exclusion for any recovery if a surviving spouse. Theres a whole bunch of others. If you qualify for one, say so. If there seems to be an issue, I'd contact a NAELA atty to look into.
Did you possibly open probate with house transferred to your name? If so, did state file a claim for 49K? Talk with your probate atty.
Is there a lien? 2011 - 5 years ago. Your state may have a statute of limitations for lein placement. There was someone on this site who was going to just pay taxes for 10 years and then file for a heirship transfer as his statute of limitation is 10 years. Not an approach I would do, but for some it could work. You can probably go on-line to courthouse records to see if any lein placed onto property.
There probably needs to be something definite done as getting clear title for sales for owners 55 and over if Medicaid was ever involved will require some sort of "release of estate recovery" document. If the property is to be sold to somebody getting a mortgage, they are going to likely need to get mortgage insurance which means clear title. There is a article in Stargazer a couple of years back on the position title companies are in for doing title insurance. If you Google Stargazer MERP Texas, it should come up. Good luck in all this and I hope you are able to get things done with minimal worry, time and cost.
Her's is 49K from her hubs Medicaid in 2011.
OR your a dpoa trying to plan out how to deal with MERP in the future and your elder still owns a home but in a NH or about to enter a NH on Medicaid?