Posted on: 24th Oct, 2013 08:10 pm
My mother gifted me her home about a year-and-a half ago. I would have inherited the home anyway, once my mother passes away. I have been my mother's caregiver for two years in total. I live in the state of Indiana. I have put my mother into a nursing home for respite care, but now that she is there, I can no longer bring her home to care for her due to 'care giver burn-out' as I lived in my mother's home caring for her before she gifted the home to me. Can I sell the home now that the nursing home want her to apply for medicaid, and I can no longer care for her at home? What happens if I sell the house and move elsewhere? I have not been able to work for the past two years since I have been caring alone for my mother 24/7. What is your advice for me?.
Hi jjenny,
As the property is in your name, you may be able to sell off the property. However, it should be noted that if the Medicaid applicant gives away property within 5 years of applying for Medicaid coverage for long-term care, they will presume that the transfer was done to get qualified for Medicaid. This might lead to a period of ineligibility for Medicaid long-term care benefits.
As the property is in your name, you may be able to sell off the property. However, it should be noted that if the Medicaid applicant gives away property within 5 years of applying for Medicaid coverage for long-term care, they will presume that the transfer was done to get qualified for Medicaid. This might lead to a period of ineligibility for Medicaid long-term care benefits.
Hi jjenny,
You should contact an attorney who is well-versed with the Medicaid laws of your state. He will let you know whether or not you will be able to sell off the property.
Thanks
You should contact an attorney who is well-versed with the Medicaid laws of your state. He will let you know whether or not you will be able to sell off the property.
Thanks
You may have to pay a hefty capital gains tax for selling that home and so, it would be better if you can use a well-crafted irrevocable trust for this purpose.
These issues are quite complicated and the most apt answer would depend on your circumstances. So, whatever decision you make, it should be done with the help of a qualified elder law attorney.
These issues are quite complicated and the most apt answer would depend on your circumstances. So, whatever decision you make, it should be done with the help of a qualified elder law attorney.