Our dad was in nursing home 8 mths. We live in MIssouri, since his house does not have to go thru probate (tod over 16 years ago), will Medicaid still put a lien on it and try to get their money from it?
The hard part is over.
I'm matching you with one of our specialists who will be calling you in the next few minutes.
You also want to be on the lookout for a "Letter of Intent to FIle a Claim" from MERP. This could come from the state DHHS or from an independent contractor who does MERP for your state. You need to respond to it within whatever time frame is indicated too. Good luck & let us know what you find out.
Personally I think the whole homestead exemption for NH Medicaid will be disallowed by all states in the near future. Maybe allow for it for 6 months IF property on sale with MLS Realtor listing and then renewed every 6 months. But the costs to the states for LTC is just going to bankrupt states especially as the boomers start hitting & qualifying their applications for NH Medicaid.
But if the sites are correct, TOD assets are still subject to MERP. Still, I would talk to an attorney, who may know if there is a special clause for people who used the TOD instrument so many years ago. We lay people don't know the small things that go into a law.
For me, there are 2 approaches you can do. I'm assuming dad is dead & you have all the paperwork together (the last tax assessor statement on the house, his will - if there was one done; the old TOD paperwork & maybe 2 or 3 original death certificate) &1K in cash & you have your wits about you & not grieving):
1. You do this yourself. First go on-line to your county courthouse and pay the on-line fee to get every document on the property. Everything too like even if there was a filing for an "easement" done by the water department. For things from the last 10 years, most places have this as a download; for older than 10 years, they research & mail to you. You want all filings on the property (done by parcel #). Once you have this then you go to courthouse. Dress nicely but nothing designer, be calm & take yourself & 2 ID's (like drivers license, passport or voters registration) & dad's paperwork in a binder to the courthouse about 9:30 in the morning (court has started and it's a down time for staff) and ask at the Chancery Clerk's or Clerk of Court's office that you want to do a transfer of property ownership to you, that you have a TOD on your deceased dad and where to start. Do your best "Help Me Obi Wan Kanobi" act.
The staff is very knowledgeable & can be quite helpful IF you have what they need to do this. You may be able to do a "muniment of title" or other transfer action on the property to get it properly transferred to you. These run a fraction of probate court costs. And you want to be able to pay whatever right then to open a file for a muniment, this is why to take the cash. Courthouses hate checks and will put a hold for 2 - 3 weeks for checks to clear & CC they add maybe 3 - 8% surcharge. Cash makes everybody happy & they will stamp the file to start that day, which is VERY important to do. Muniment maybe runs $ 500 - 700 & maybe 2 more courthouse visits/filings and then a few days later you get the now transferred into your name property paperwork back.
2. OR choice #2: You get all the courthouse filed documents & all the above paperwork and go see an attorney to do all this for you.
Again if you choose the DIY approach you have to have all your documents in line and available for the clerks office right then & have the cash to start the file right then. They don't want to hear your family drama either. Good luck.