Sick Father

i am a part owner of a bldg, my uncle is the other owner medicaid wont kick in till they exhaust his assets, we are selling the house but power of attorney on his behalf went to his daughter because he is considered incompetent to handle things, will he still get 90 days to turnover his portion of the home to his kids so medicaid doesnt put a lien on his share and if yes does that mean when its sold his kids can keep the money or does medicaid want whats owed to them? the house is paid for

Hi dawn,

Though he has given a power of attorney to his daughter, he can still transfer property to his kids. However, you have mentioned that he is considered to be incompetent to handle things. In such a situation, it would be better if the daughter handles these things on his behalf.

Medicaid has the right to recover the money from the kids. Moreover, you should note that Medicaid has a look back period of 5 years. Any transfer of property within the last 5 years will make your uncle ineligible for Medicaid benefits.

My Dad past two years ago and my mom past recently both with no will and both had medicare,there names are the only names on the grant deed, Medicare wants the house for paymet, It is legal for them to take the house.

Hi salvasanc,

As far as I know, Medicare can go for estate recovery in order to recover their dues. You may consult an attorney who is an expert in Medicare laws and take his opinion in this case.

I did lots of research, about medicaide, this is what i found out the state can put a lien on the house when that person dies, the only way around things is if you are living with this person for two years taking care of them to help keep them from going into a nursing home, then after two years they can transfer the deed. But you do have to contact a elder lawyer and file for power of attory for that person. It is well worth the $300.00 attorney fee's to help save your family home. Hope I could help!

my friends, i think you've provided some valuable advice. and i would chime in and agree that the attorney's fee is worth the trouble, even if it rises as high as $600 or $700 or even more, depending on the location of the property and the property value, etc.

hi. i advise you to contact some lawyer about this matter. no one wants to lose a home unless deem necessary. if you can have other options to pay the debts, please do so.

my wife father past away and he was on medicaid for dialysis for about 4 years and her mom was on dialysis for 6 years she past away 2 years ago she was left the house where they lived she was told that medicaid would take the house even if they never where in a nuring home can they take the home for reimbursement

Hi welch,

As far as I know, Medicaid can take the home to recover the costs of dialysis. Your wife's parents may never have been in a nursing home, but they did receive Medicaid benefits while they were alive. The Medicaid would want to recover the costs they paid for her parents' dialysis.

I am trying to buy a property, the owner past away 8/1/2008 so a yr & a half ago. The deed was tranferred into his 3 childrens names 10/9/2009, 8 months ago. I am no relation. With the banks research a lien for over $128,000 thru medicaid just filed 6/15/2010, 8 months after deed transfer & over a yr & a half after previous owners death. The house appraised for $26,000. I am buying for $18,000. Its 100 yr old school house. Can this be fixed easily & quickly?

To roverstake,

I've answered this query at the following page. Hope, it helps you.
http://www.mortgagefit.com/budgeting-finance/about39916.html#169255

My uncle and I are joint owners of a co-op. I lived there 30 years ago for 10 years, then he moved in and has lived there since. My uncle had money that was to take care of him in his old age but was scammed out of 100,00s by a woman 4 years ago. Now he is being declared incompetant and needs to go into a nursing home. He has a $2500/month pension and very little cash left. My sister is becoming his guardian and medicaid is saying they will force me to sell. I want to keep this apartment as a place for my son and eventually myself to move to when I retire (6 years). What rights do I have. Mortgage is paid in full, I will be responsible for maintenance fees once he isn't.

Hi pamrose,

Your query has been replied to in the given page:
http://www.mortgagefit.com/budgeting-finance/about40450.html

Take a look at it. Hope it helps you.

I keep reading that Medicaid will allow the transfer of the real property at least 90 days. Does this mean a Quit-Claim Deed with my mother reserving a life estate, or can the property be deeded to her children to avoid the medicaid lien?

My mother owns her home and is now in a nursing home. Her Medicare benefits will run out in 80 days and, at that time, she can apply for Medicaid. If she is approved for Medicaid, I am told that Medicaid will take her retirement check less $30.00 per month and will allow her to keep utility expenses for her home. However, Medicaid will not allow for taxes and insurance on the property. How does Medicaid expect her to pay the taxes and insurance on the home?