Posted on: 11th Jul, 2007 10:31 pm
my mother is in a nursung home for rehab only, and the state has requested her property sold. she is onky in ther for short term til she can get on her feet and live in an apartment. i had her do a quit claim deed prior to the sale to protect some of her money. we added myself, and my sister, as well as she is still on the deed, so it's split 3 ways. can they touch mine and my sisters shares?
Hi,
I don't think they can take away you and your sister's share of property as it is already divided in three different parts. By the way, in which state are you living and why the state wanted yours mother's property to be sold?
I don't think they can take away you and your sister's share of property as it is already divided in three different parts. By the way, in which state are you living and why the state wanted yours mother's property to be sold?
Why the state has requested her property sold? You mentioned that it is for short term but long it is actually been now? Even if falls under long term care there are few things which can prevent sale of your mother's house:
A lien cannot be enforced and house sold for paying medicaid benefits if there is a adult child who had lived in the house for at least 2 yrs. immediately before parent was admitted to nursing home. And was providing care which delayed admission. But adult child is required to be continuously living in the house since then.
Do you and your sister meet this condition?
Another thing is that the lien placed on the home is required to be removed if medicaid beneficiary leaves the nursing home & returns back to the house.
If you feel a mistake has been made by the authorities then you can request a hearing. All states have appeal process and it can be possible that some favorable decision will be given after the hearing.
Refer to this page for more details: http://www.aarp.org/research/assistance/medicaid/aresearch-import-629-D16443.html
A lien cannot be enforced and house sold for paying medicaid benefits if there is a adult child who had lived in the house for at least 2 yrs. immediately before parent was admitted to nursing home. And was providing care which delayed admission. But adult child is required to be continuously living in the house since then.
Do you and your sister meet this condition?
Another thing is that the lien placed on the home is required to be removed if medicaid beneficiary leaves the nursing home & returns back to the house.
If you feel a mistake has been made by the authorities then you can request a hearing. All states have appeal process and it can be possible that some favorable decision will be given after the hearing.
Refer to this page for more details: http://www.aarp.org/research/assistance/medicaid/aresearch-import-629-D16443.html
"We added myself, and my sister, as well as she is still on the deed, so it's split 3 ways. Can they touch mine and my sisters shares?"
Well even if the house is to be sold off only the 1/3rd share which was in your mother's name would be recoverable. The portion which you and your sister own cannot be used for payments.
Well even if the house is to be sold off only the 1/3rd share which was in your mother's name would be recoverable. The portion which you and your sister own cannot be used for payments.