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My mother currently jointly owns a home with my brother. They are selling the house. My brother has bought another home for himself and his new wife. Mom and I are planning on buying a condo together. She will supply the down payment from her part of the house currently owned. Then I plan on getting a Mortgage Loan out for the remaining amount of the condo. If she would need to go to long term nursing care, can I lose my home to Medicaid to pay for nursing care expenses?

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My father is in a nursing home and I need to sell his home before it goes into foreclosure and to pay for his care. The house is in need of lots of repairs and I will not be able to sell it at market value. I have been told that if I sell the house under market and have to apply for medicare that it will be considered fraud. Is this true? Should I just pay for his care and let the house go into foreclosure? By selling I could have $5,000 to help pay for his care.
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Bones, this was answered by igloo and others on your separate post.
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My mother lives in Oregon and has now qualified for home care through medicaid to prevent her from going into a nursing home. She and my dad own a home. I have moved in to take care of her and will be paid by medicaid to care for her in her home. Can I buy the house contract for deed at market value with a down payment with out causing them to be disqualified for medicaid or risk the chance of medicaid placing a lien on the house if one of my parents end up in a long care facility? Also can they place a lien on the house for my wages that I'm being paid? Thanks in advance.
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My mom is in a nursing home on medicaid my dad wants to sell the house now and move in with us he is 86 the house is no longer in moms name but dads and mine would medicaid have to be paid back.
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Hello. My stepfather was in a nursing home with Alzheimers and recently passed away. He was on Medicaid. My mother is 80 and still lives in their home. She has just received a Medicaid recovery letter from New York State. She is afraid of losing her house and the little life insurance money that she received. She has a car that she has driven for several years in his name. Is she in danger of losing, the house, the insurance money and the car?
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My father died with out a will and from what I understand I owe half of the house. If my mom goes into a nursing home will the state be able to take my portion of the house since I inherited my dads part?
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The nursing home would not receive a your mother's portion of the sales proceeds (presumably half), however that money would cause your mother-in-law to be disqualified from Medicaid because of excess assets (i.e., she can only have up to $2,000 in countable assets). Those assets would also form part of her estate, so even if she died the next day, the state could still file its claim for reimbursement (for Medicaid expenditures) against that money. One option is for his mother to transfer the house or money and become disqualified from Medicaid; upon her death, however, the state would not be able to attach that money. This should only be attempted with advice of a local elder law attorney, however! If she is unable to make a gift (because of her mental condition) and her power of attorney (if any) does not permit such gifting, then of course that option is not available.
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Is the house my father bought with his own assets, not any of his second wife's assets, something that can be taken by Medicaid for my stepmother's care now that she is in a nursing home or is it to be inherited by the remaining children of his first marriage as was his intent?
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House is in my husband's and his mother's name. She has been in a nursing home for two years and on Medicaid for two years and is about to pass on.
We have had two really decent renters, but they have moved to nicer homes. My question is this: if we sell the home on contract, does the nursing home get so much of it? We want to keep our share, for sure and would prefer no penalties. I live in Indiana. We are afraid of getting some bad renters this time around and are ready to unload the house with the huge yard!
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I am being strangled by Probate Court in Connecticut. I was brought before the court to be removed as fiduciary because my stepbrother wants to sell the house to pay for his mother's nursing care. This is a second marriage. My father left the house for Mom to live in as long as she wanted or to sell if she wanted to live in a condo. She has run out of assets, supposedly, to pay for her nursing care. Her POA son has weakened her asset pool over the past five years and one month after the 5-year lookback window, filed to have me removed from the trust. I have paid all her utilities, taxes, food, allowance, repairs for the house for the past five years. Not a dime went elsewhere. Dad left Mom a $346K annuity plus she had at lest $250K more of her own savings, Social Security payments et al to add to this $346K left to her. Her POA son put this annuity in his own name, spending $217K on nursing care for his mother, prepaying her funeral and now claims that over half a million dollars was spent on her remaining expenses: haircare, telephone bills, a housekeeper twice a month and cable TV. I cannot request an accounting because only his mother can of the POA and she won't. She is now in a nursing hone with MERP due to a hearing regarding sale of the house. The house is up for sale. His attorney has now added another litigator to the court action. His attorney tells me I cannot use estate funds to defend this case in court to pay for legal services BUT, in any settlement, the estate will pay for her legal costs. How is this possible? What kind of lifeuse/spendthrift trust allows this? I have been tasked with cleaning out the house and listing it for sale. I have done this. Still I am being harassed to sell the house immediately (dump it) or I will be hauled into court again. I can only sell fast by dumping it. I had an offer before listing with a realty company for a good price but my attorney said we could only go through a realtor because of the court agreement. I feel I am being hosed by all concerned. I have legal representation but it seems hopeless anyway. What does an honest fiduciary do in this case? I am terrified to be responsible for huge legal bills because I dared to question the POA's actions which, I feel, have been toiling for fraud. Help anyone?
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If a person who owns a home is receiving Medicaid, then upon the death of the person the state can indeed require the house to be sold in order to pay back the state, up to the amount the state actually paid out in Medicaid benefits during the person's life.

A living trust would offer no benefit to protect the house. In fact, in most states, if a house is held in a living trust, it loses its exempt status, which could cause the owner NOT to qualify for Medicaid!
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My mom owns her home and also receive medical thriugh the county. Can the county put a lean on her house if she dies? Would a living trust protect her?
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I think you mean "Medicaid" not "Medicare," since Medicare only covers nursing home care for a maximum of 100 days, and there is no payback to them like there is to Medicaid. If the house is in your name then the state cannot attach it or make a claim against it following your father's death. Also, if the transfer to your name took place more than 5 years ago, then it cannot count against your father if he needs to apply for Medicaid at this point in time.
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My parents put the deed of their home in my name. My mom died and my dad is in a nursing home. Can medicare take my house?
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A living trust offers no protection from Medicaid eligibility and indeed can convert an exempt asset (such as the home) into one that counts against you if you apply for Medicaid. This is a common misunderstanding.
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BR - a lot of this depends on how the trust was set up and what your parents needs will be and if they might need to go on Medicaid. Personally I think that if they live long enough they eventually run out of $$ so you want to keep the Medicaid option out there. You would be best served by finding a elder law attorney who practices in the county where the homesteaded property is located.

If the home is large and really just too much for mom, then you need an attorney to structure how it gets sold so the proceeds can be protected - perhaps in a true living trust.
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MsPine - you are dealing with the Louisiana MERP program. You need to see if you or other family qualify for one of the exemptions and get them the paperwork asap on this. If the house has been empty and you have been paying for it's upkeep (taxes, maintenance, etc), they you need to let MERP know that you will be filing a claim/lein against the estate to recover your fair costs. MERP has to decide whether it is worth the time to go after a property, but if you don't contact them, then they figure no one will challenge their claim/lien. Most states have a short window to get the letters in, so time is super important.
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For Medicaid purposes, a house cannot be in a living trust without it losing its exempt status. You need to confirm this with an attorney in your state, but even assuming this is so, if the spouse at home sells the house before the nursing home spouse applies for Medicaid, it will not cause any adverse issues.
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My Mom and Dad have had their home in a revocable trust for many years. My question is: if one of them would go into a nursing home and need Medicaid, could the spouse that survives be able to later sell the house and go into a retirement community? Would Medicaid want money from the sale of their home even if its been in a trust?
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Another thought is to put the house in trust for you-it needs to be done sonner not later because in most states there is a look back period of 5 yrs. Get the advice of an Elder lawyer in your area.
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I followed my own link and see that it doesn't take to the correct page, though it is the correct url. (sigh) You have to click "Medicaid" in the lefthand column, then look through the article list to find "Can a Nursing Home Take Your Home" (or something like that).
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Like other states, Louisiana is under an obligation to seek recoupment of its Medicaid payments by filing a claim against the estate of the former recipient of Medicaid benefits, following the death of that recipient. In other words, upon your mother's death, because the state paid for her care under Medicaid, her estate owes the state for those payments. The state may only claim an amount no greater than the total amount of the benefits it paid out for her while she was living, but if that amount is more than the value of the house, then they may indeed force the sale of the house to repay them.
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It explains the basics of Medicaid and the caregiver. I learned a few years back from a friend, however, that a lawyer versed in elder law is a nice thing to have. Many technicalities come in to play. For example, if the caregiver worked a full-time job, did their assistance really keep a parent out of a nursing home.

If a caregiver did not live with the parent for at least two years or it is determined that their assistance was not crucial, then the state has the right to put a lien on the house to recover money that was spent on Medicaid.

There is now a partnership program between the state government and people that lets them pay into LTC. If LTC is needed, then the person can qualify for Medicaid without spending down all their assets. This is not helpful for people who are already in need of LTC, but it is an idea for people who want insurance, but can't afford the high costs of the usual policy. I wish this had been around when my parents were younger.
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My parents own a small house. My father died in 1972. My mother became bed bound and in need of care in 2005. The Louisiana Medicaid Waiver Program began helping with her home bound long term care in 2009. My mother passed away ion 11/9/2011. Medicaid now wants to take the house, can they? The home was in my mother & father's names.
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Thank you so much for your answers. Thank you, especially, Gabriel. It provides me with more information and makes me feel a little better!
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There are two rules that affect the answer to your situation: First, if you care for your mother for the two years prior to her entering a nursing home such that your care enables her to delay going into a nursing home, then she can transfer her joint interest to you (by deed) after she is in the nursing home without penalty. That, of course, would protect it forever from any Medicaid claims by the state for your mother's care.

Secondly, remember that during your mother's life her primary residence will be exempt for Medicaid eligibility purposes but the state could possibly come after her joint interest upon her death, up to the amount of care it provided for her. However, many states will not go after a joint interest that passes by "right of survivorship" to you (this would be spelled out in the deed). If you live in one of these states--and the deed is worded correctly--then the house will be protected following your mother's death, even if still partially in her name.
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Maybe. I suggest you get the correct information by going to the Medicaid site and reading it . I have the same problem. I am joint tenents with Mom and Medicaid was denied even if this was her homestead. She was given food stamps however,which is part of Medicaid . I would not make any investments until you have all your answers.
Blessings Virginia
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