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My dad is in NH with dementia. He is on Medicaid. He is 95. My mom recently passed away so my dad is now the sole owner of their house which has been vacant since they moved to the NH. I have power of attorney with broad powers including the sale of property. I have no financial interest in the sale of the home. The taxpayers have paid for my parents NH care so the proceeds from the sale should rightfully go to the state. I am the executor of dad's will. My sister and I are equal beneficiaries of my dad's assets, which is just the house - worth approximately $65,000. My question is what is the simplest way (least paperwork, attorney involvement, etc.) to sell the house? Should I simply leave it as is in the will OR use my POA to sell it and deal with the Medicaid ramifications OR place the house into some sort of trust so that when my dad passes the house passes to me outside of probate?

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Dlee, my heartfelt sympathy to you and the family for the passing of your Mom.

I agree with Guest and Garden who wrote above about seeing an Attorney. May I suggest an Elder Care Attorney as they are familiar with the ins and outs of Medicaid.

I think it is time to say good-bye to the house. I assume that you and your sister are now paying the property taxes, homeowner insurance, utilities, yard work, and any maintenance that might be needed. Since Medicaid probably has a lien on the house, you and your sister are maintaining a house you will never use later on. The attorney can advise you what would be the best approach.

Oh by the way, has the homeowner's insurance carrier been notified that the house is vacant? This is very important because if not, then if there is damage to the vacant house, the carrier may not pay. Vacant house insurance premiums cost more because it is a high risk. Has all the furniture been taken out?
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Dlee, GSA is right; see an attorney. There could be negative ramifications and you'll need to know all the scenarios before making a decision. Best to find out now, rather than later. Disposing of assets while a parent is on Medicaid is an issue that needs to be planned so it's done properly w/o jeopardizing your father's Medicaid support.
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Ask a lawyer. There may already be a lien on property. They will be able to review documents as they exist and make recommendations. If it goes in trust, who is paying utilities etc?
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