Posted on: 06th Oct, 2008 12:33 pm
Can I keep Medicaid from taking our inheritance if Mom has to go into a nursing home?...I need to put my mother in a nursing home; I was advised by a medicaid attorney we could do a ladybird deed and I thought that meant medicaid could not put a lien on her estate after she passed away. From what I'm reading in these columns, they most certainly CAN and WILL take my mother's estate after she dies. It appears, if I understand it right, if we'd applied for a ladybird deed five years before she needed to go in a nursing home, we'd be okay. I don't understand why my attorney would suggest the deed when Medicaid is going to get her place one way or the other?
Hi gina!
Welcome to forums!
You can put the property in a trust in order to avoid any kind of estate recovery by Medicaid. Nevertheless, before taking any step, you should contact a real estate attorney and take his opinion in this regard.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
You can put the property in a trust in order to avoid any kind of estate recovery by Medicaid. Nevertheless, before taking any step, you should contact a real estate attorney and take his opinion in this regard.
Feel free to ask if you've further queries.
Sussane
My sister is dying of Pancreatic Cancer. She has 7 children. She wants to sale her house to a sympathetic in-law in advance of her death to avoid Medicaid Recovery. The In-law woudl then resale the house and the residue of the estate would pass to the children. Is this legal?
Is it legal for my sister who is dying to sale her house to a in-law who intends tor sal the house after her death and distribute the equity to her heirs?
Hi Guest,
The sale of property before Medicaid recovery may not be considered as legal. It will be better if your sister and the sympathetic in-law consult an attorney in this regard.
Hi Georgana,
As far as I know, selling off the property in order to avoid Medicaid Recovery may not be considered as legal. If Medicaid comes to know about this, it might sue your sister or the in-law.
Thanks
The sale of property before Medicaid recovery may not be considered as legal. It will be better if your sister and the sympathetic in-law consult an attorney in this regard.
Hi Georgana,
As far as I know, selling off the property in order to avoid Medicaid Recovery may not be considered as legal. If Medicaid comes to know about this, it might sue your sister or the in-law.
Thanks
Hello! My grandmother was recently moved into an assisted living facility and has applied for a medicaid waiver, thanks to my uncle without regards to the rest of the family. My question is will the things in her will be taken by medicaid when she dies or will the people entitled to them still recieve them. I am talking about dressers and tables and piano equipment and jewelry? Any help will be appreciated!
HI Heather&Shawn,
The Medicaid may recover the debts from her estate. Nevertheless, it will be better if you could contact a real estate attorney and take his opinion in this regard.
Thanks
The Medicaid may recover the debts from her estate. Nevertheless, it will be better if you could contact a real estate attorney and take his opinion in this regard.
Thanks
my mother is in a nursing home..her husband was getting her social checks..her husband open a checking account in her name only a few months before he died...does his daughter have the right to take this money...her name was not on the account but she said that medicare tole her that he could take $880.00 A MTH..IS THIS RIGTH,
Hi Guest,
If the checking account is in your mother's name, then her husband's daughter won't be able to take money from that account. That may be considered as illegal.
Thanks
If the checking account is in your mother's name, then her husband's daughter won't be able to take money from that account. That may be considered as illegal.
Thanks
my mom is sick with copd and im on ssi she has a morgage of 54,000 and the house is worth 59,000 and she wants me to take it over im on the deed can medicade still take the house and should i get on the loan
Hi billbers!
Welcome to forums!
If you are the sole owner of the property, then the Medicaid may not be able to place a lien on your property or take away because of your mother's debts.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If you are the sole owner of the property, then the Medicaid may not be able to place a lien on your property or take away because of your mother's debts.
Feel free to ask if you've further queries.
Sussane
My mom transferred her property before she died using a warranty deed. I received a estate recovery questionnaire. Can the state take her home even if home is already in my name?
Hi Simba,
If the property is solely in your name, then I don't think anyone will be able to take away the home from you. You may still contact a real estate attorney and take his opinion in this regard.
Thanks
If the property is solely in your name, then I don't think anyone will be able to take away the home from you. You may still contact a real estate attorney and take his opinion in this regard.
Thanks
when my mom dies and i take over the morgage can i lose my ssi
Hi billbers!
Welcome to forums!
I don't think taking over the mortgage will have any affect on your SSI.
Sussane
Welcome to forums!
I don't think taking over the mortgage will have any affect on your SSI.
Sussane
My mother is the executor of my grandfather's estate but none of the assets are willed to her. The estate is willed to my grandfather's grandchildren (myself and 6 others). My mother has control of the estate while she is living but the estate can not be dissolved until she passes away. If my father enters a nursing home, can Medicare have access to the assets (land and money in a CD) of this estate?