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I borrowed money to pay off her IRS back taxes and to pay off the mortgage. The local Medicaid office told me today that all proceeds from the house must be spent on her care. She is in a personal care home and about to run out of money.

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Your mom is entitled to a PORTION of the net proceeds, and that amount must be spent on her care or otherwise used for her benefit (pre-paid funeral/burial, etc.). There is a table that is used by Medicaid that shows what percentage she is entitled to upon a sale, corresponding to her age on the date of the sale. The older she is, the smaller the percentage (since her life estate--which terminates at her death--decreases in value every year). I include that table in the appendix of my book, Medicaid Secrets (www.MedicaidSecrets.com) and also discuss life estates in detail.
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YES! Seek the advice of an attorney! For anyone else, a parent can transfer the ownership and deed to their home to a child, but do this well in advance (years) of any chance that long term care may be needed. The parent can then remain as a lifetime tenant in their own home for as long as is practicle. The estate is then protected. Estate planning is critical!
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Hire an estate attorney. This is too complex for you to handle on your own.
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Thanks all! I consulted an estate planning attorney and he called the office and corrected the matter. A portion of the proceeds are used for her care ( I had already put that in an account for her care) according to a table. What is disturbing is that not one but two case managers told me I couldnt apply until I spent all of the proceeds for her care. Be careful everyone...your government doesnt always tell you the truth!
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Call a Certified Elder Care Attorney Today! Medicad is giving you correct information. A Certified Elder Law Attorney can help you to best manage your situation.
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Proceeds (profit) are counted after the debt is paid off. They mean only the profit must go to her care
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You've been given the right advice get an Elder Care attorney. Fight fire with fire.
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What I've read is the home is still the Moms untill her death and then it goes to the child. Since she is still alive proceeds of the sale are hers. I guess you need to prove that you paid it off and this can be subtracted from the proceeds. Balance will then go to her care. The article I read said you r co-owners but at different times. Agree, u may need a lawyer.
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Great! In my experience it all depends on who u talk to. If it doesn't sound right, call again and get a different person. I find most people stay within certain lines and don't research out of that box.
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I meant to say, call again and again until you find someone who seems to know what they are talking about.
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