Posted on: 31st Mar, 2009 05:39 pm
My mother is a Medicaid recipient. She is 65, cancer survivor, and doing well. She works part-time (20 hrs / wk.) and farms also. The farm is not a big money maker, but has been in our family for a long time and we do not want to lose it.
My mom's farm is 23 acres and she lives on the farm in a doublewide on a permanent foundation (can't be moved). She owes about $50K on the farm. I have the ability to pay off her farm, and she wants to put the farm in my name. The property appraises for about $100K. I live right next to her farm.
We live in Georgia.
Question: Is there any way I can pay what my mother owes on the farm and we can put the farm in my name without her losing Medicaid elgibility, or is it a foregone conclusion that Medicaid is going to be able to take the farm one day no matter who owns it? No lien has been placed on the property. We are searching for an attorney with experience in this area, but any comments or advice are appreciated. Thank you
My mom's farm is 23 acres and she lives on the farm in a doublewide on a permanent foundation (can't be moved). She owes about $50K on the farm. I have the ability to pay off her farm, and she wants to put the farm in my name. The property appraises for about $100K. I live right next to her farm.
We live in Georgia.
Question: Is there any way I can pay what my mother owes on the farm and we can put the farm in my name without her losing Medicaid elgibility, or is it a foregone conclusion that Medicaid is going to be able to take the farm one day no matter who owns it? No lien has been placed on the property. We are searching for an attorney with experience in this area, but any comments or advice are appreciated. Thank you
Just talked to my mom and apparently she is no longer receiving Medicaid, but is now on Medicare. Of course, Medicaid still has a claim against her, but at least she cannot "lose" her Medicaid.
Hi broscolo!
Welcome to forums!
As your mother already receives Medicaid, transferring the property now can create problems for her. There are chances that she may lose her medicaid eligibility. I would suggest you to contact an attorney and take his opinion before transferring the farm in your name.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
As your mother already receives Medicaid, transferring the property now can create problems for her. There are chances that she may lose her medicaid eligibility. I would suggest you to contact an attorney and take his opinion before transferring the farm in your name.
Feel free to ask if you have further queries.
Sussane
Thanks for the reply. My mother is no longer on Medicaid. She is on Medicare. I don't know if Medicare has the same ability to do Estate Recovery.
We are looking for an estate planning / elder care attorney to help find the best way to try to save the farm. I've read that there are exemptions for income-producing farms from Medicaid Estate Recovery, but I will definitely need a good attorney to navigate what we are quickly discovering is a treacherous legal mine field.
We are looking for an estate planning / elder care attorney to help find the best way to try to save the farm. I've read that there are exemptions for income-producing farms from Medicaid Estate Recovery, but I will definitely need a good attorney to navigate what we are quickly discovering is a treacherous legal mine field.
Hi
Medicare also can do estate recovery like Medicaid. They can put lien on your property. However, you have taken the right decision to consult a real estate attorney to find a way to save the farm. Do keep us informed about how things work out in the days to come.
Medicare also can do estate recovery like Medicaid. They can put lien on your property. However, you have taken the right decision to consult a real estate attorney to find a way to save the farm. Do keep us informed about how things work out in the days to come.
My mom is now in a nursing home in Louisiana .We have done the spend down. She is now on medicare medicaid. She still owns real estate.My brother,sister and i are now having to pay for her personel products , the upkeep of the home and insurances on the home. When my stepdad passed away,we also bought the stepchildren out, so mom could stay in the house but left it in her name.Where do we stand now about getting the house in our names and away from medicare medicaid.
Appreciate any advice!
Appreciate any advice!
Hi Norma,
You can ask your mother to transfer the property to you and your siblings with the help of a ladybird deed if it is valid in your state. This will not make your mother ineligible for the Medicaid benefits provided she returns back to the property or someone close to her stays in the property.
Thanks
You can ask your mother to transfer the property to you and your siblings with the help of a ladybird deed if it is valid in your state. This will not make your mother ineligible for the Medicaid benefits provided she returns back to the property or someone close to her stays in the property.
Thanks