Posted on: 10th Oct, 2009 09:25 am
My mother is on Medicaid (M'cd) in NJ since 1983, she had her more put her on the deed as a joint tenant in 1993. My grandmother then passed away 1993. So, my mother managed to place a home at risk of M'cd recovery. Isn't that just perfect?
I am 59 and permanently + totally disabled residing with my daughter in another location. So, far I have managed to keep her from entering a home, by taking her to doctor, community help, visiting nurse assoc. covered by Medicare, + living in my home as necessary.
I have gone to several attorneys because ov conflicting legal advise. The 1st laywer said no problem, transfer to life estate as gift + notify SSI and M'cd; 2nd lawyer said don't use a retained life estate because of taxes if house sold before death; the 3rd lawyer gave free advise that NJ wasn't honoring the disabled child transfer + that I can not receive the property free + clear because my mother is already on M'cd, but can live in the home and M'cd will take it back when I pass on. A 4th lawyer gave pre consult advise + said no problem with transfer he has NJ in Federal court + will win. Can she already be on M'cd + give me home without Medicaid lien or ever being able to recover the estate??? if yes, what can I do to get something from the equity, what is the best move???
This problem has been weighing on my life for bout two years, i can't bear the indecision of what to do. Especially after a couple of lawyers said .....No Problem.
I am 59 and permanently + totally disabled residing with my daughter in another location. So, far I have managed to keep her from entering a home, by taking her to doctor, community help, visiting nurse assoc. covered by Medicare, + living in my home as necessary.
I have gone to several attorneys because ov conflicting legal advise. The 1st laywer said no problem, transfer to life estate as gift + notify SSI and M'cd; 2nd lawyer said don't use a retained life estate because of taxes if house sold before death; the 3rd lawyer gave free advise that NJ wasn't honoring the disabled child transfer + that I can not receive the property free + clear because my mother is already on M'cd, but can live in the home and M'cd will take it back when I pass on. A 4th lawyer gave pre consult advise + said no problem with transfer he has NJ in Federal court + will win. Can she already be on M'cd + give me home without Medicaid lien or ever being able to recover the estate??? if yes, what can I do to get something from the equity, what is the best move???
This problem has been weighing on my life for bout two years, i can't bear the indecision of what to do. Especially after a couple of lawyers said .....No Problem.
Hi tf,
You can check out with an attorney if you can use a ladybird deed in order to transfer the property in your name. A ladybird deed will not make her ineligible for Medicaid if she expresses her willingness to return when she is taken to a nursing home. In case, if she does not express her willingness to return, the home would be considered an exempt asset for Medicaid eligibility if any of her relatives occupy it when she is not around. To know more whether or not ladybird deed would make her ineligible for medicaid benefits, check out the given page:
http://www.mortgagefit.com/texas/ladybirddeed-medicaid.html
Thanks
You can check out with an attorney if you can use a ladybird deed in order to transfer the property in your name. A ladybird deed will not make her ineligible for Medicaid if she expresses her willingness to return when she is taken to a nursing home. In case, if she does not express her willingness to return, the home would be considered an exempt asset for Medicaid eligibility if any of her relatives occupy it when she is not around. To know more whether or not ladybird deed would make her ineligible for medicaid benefits, check out the given page:
http://www.mortgagefit.com/texas/ladybirddeed-medicaid.html
Thanks