Mom has life use on property quit claimed to daughter 20 years ago. Mom is now in Nursing Home. Daughter wants to take mom off life-use and sell some of the property. In a couple of months mom will be applying for Medicaid.
It sounds like your mom did some sort of a Life Estate to her daughter a decade ago. The ? for Medicaid as to whether its still an asset of mom's or not, to me most likely will be IF the LE is revocable or irrevocable. I'd suggest you & mom meet with a NAELA level elder law atty to review moms legal & finances AhEAD of her ever submitting a Medicaid application. If property is going to a daughter, what is your position in all this?
LE's are sticky and you want legal to review. Not a DIY.
There are some things you can do now..... Get all the paperwork on the property. Most courthouses have all on-line or available to hand pull for a small fee. Find last tax collection bill (as it has the parcel & PPIN info) and other go online to property records for moms county or take a trip to the courthouse. 10 years ago may or may it be on-line.....if its not, then do a courthouse run. I'd try to get there on a Tues - Thurs about 9:30/10 as courts in session by then. Records usually in chancery court section. The ladies (usually) are pros & can pull what you need. While your there get a plat of the property too. Take cash as checks have to clear & CCs have hefty surcharge.
All this you take to atty meeting.
Also IF mom balks at a new atty, tell her that she needs one who is current of Medicaid regulations as its totally speciality work.
Also has anyone told you about the co-pay or SOC (share of cost) requirement of NH Medicaid? Once mom is on medicaid, she is required to have all her income go to her copay at the NH. All she will have $wise is a small personal needs allowance. pNA varies from $ 35-115 by state. For my mom it was $60. PNA just covers beauty shoppe and some toiletries or clothing replacement. If mom has a phone or cable, it could be those charges are Voila! magically the exact amount of her PNA. Realistically mom has no-none-nada of $ anymore once on medicaid. Someone will need to pay all costs on the property held in a LE. Taxes, insurance, repairs, utilities.... And pay all till mom dies and then through the property transfer period after death. So please please pause & think if this is feasible both for $ and time.
If Sissy is already needing $ as that's why she want to sell it, you can likely expect to be paying all on that property totally.
Also there are tax implications with transferring property now as opposed to inheriting after death.
Really get paperwork chain on property & see atty.
LE's are sticky and you want legal to review. Not a DIY.
There are some things you can do now..... Get all the paperwork on the property. Most courthouses have all on-line or available to hand pull for a small fee. Find last tax collection bill (as it has the parcel & PPIN info) and other go online to property records for moms county or take a trip to the courthouse. 10 years ago may or may it be on-line.....if its not, then do a courthouse run. I'd try to get there on a Tues - Thurs about 9:30/10 as courts in session by then. Records usually in chancery court section. The ladies (usually) are pros & can pull what you need. While your there get a plat of the property too. Take cash as checks have to clear & CCs have hefty surcharge.
All this you take to atty meeting.
Also IF mom balks at a new atty, tell her that she needs one who is current of Medicaid regulations as its totally speciality work.
Also has anyone told you about the co-pay or SOC (share of cost) requirement of NH Medicaid? Once mom is on medicaid, she is required to have all her income go to her copay at the NH. All she will have $wise is a small personal needs allowance. pNA varies from $ 35-115 by state. For my mom it was $60. PNA just covers beauty shoppe and some toiletries or clothing replacement. If mom has a phone or cable, it could be those charges are Voila! magically the exact amount of her PNA. Realistically mom has no-none-nada of $ anymore once on medicaid. Someone will need to pay all costs on the property held in a LE. Taxes, insurance, repairs, utilities.... And pay all till mom dies and then through the property transfer period after death. So please please pause & think if this is feasible both for $ and time.
If Sissy is already needing $ as that's why she want to sell it, you can likely expect to be paying all on that property totally.
Also there are tax implications with transferring property now as opposed to inheriting after death.
Really get paperwork chain on property & see atty.