Tag Archives: MEDICAID

What can I do with my Mother’s home? She is 93 and currently resides in the house.

Q: She has a trust and I am the only beneficiary. She has a life estate that was signed over 5 years ago. She has nursing home insurance but they say she is not currently eligible to receive benefits. We live in Oregon and I am disabled. The cold weather contributes to my pain levels and I want to move to Florida. The house is 64 years old and my husband age 79 has done many repairs and major remodeling to keep the place intact and from deterioting in value.
We would move her to Florida if necessary. The local relatives either work out of town or they are not well and able to help. I wonder if we can sell the house or would we need to rent it out until she passes away? She has some assets in addition to the house but no other real estate. 

A: You really should consult with a lawyer. The life estate would need to be reviewed to determine what conditions allow mother to vacate the lease. Trust needs to be examined as well to verify if and when any transfer was made. These need to be known especially if there is any potential that your mother may need to apply for Medicaid funding in the future. If there is any chance that Medicaid will be involved and this house may be subject to a Medicaid lien, you will want to sell the house only at fair market value and nothing less and document the transaction as well as how all the proceeds are spent on your mother’s care. However, review this with an attorney before you do anything. You may also want to consult with a Florida attorney regarding Medicaid.

 

Does he have to pay remaining bills?

Q: Family member with dementia was victimized by a caregiver who ran up lots of bills in his. Most have been paid off but there are a few left. He now lives with his daughter in Greensburg and is ill and in a nursing home. He has no assets except a retirement account and needs that to live on. Can he be sued for these bills?

A: Probably not. Speak to an attorney. Notification of his financial status or the fact that he is on Medicaid (if he is in fact on Medicaid) to the creditors may be enough to ward them off. However, do not don’t count on it. Whatever you do, do not give them or anybody you care about a cell phone number as they will harass to no end. You may want to have a certified letter sent to the creditors informing them of his status. Your friend may also want to appoint his daughter or another family member appointed as his guardian to speak and act on his behalf.

Does he have to pay remaining bills?

Q: Family member with dementia was victimized by a caregiver who ran up lots of bills in his. Most have been paid off but there are a few left. He now lives with his daughter in Greensburg and is ill and in a nursing home. He has no assets except a retirement account and needs that to live on. Can he be sued for these bills?

A: Probably not. Speak to an attorney. Notification of his financial status or the fact that he is on Medicaid (if he is in fact on Medicaid) to the creditors may be enough to ward them off. However, do not don’t count on it. Whatever you do, do not give them or anybody you care about a cell phone number as they will harass to no end. You may want to have a certified letter sent to the creditors informing them of his status. Your friend may also want to appoint his daughter or another family member appointed as his guardian to speak and act on his behalf.

Is my mom responsible for her credit card bill when going on Medicaid and in nursing care?

Q: Is my mother responsible for a credit card bill when she will be put into a nursing home in a couple of days? Medicaid will be taking her small SS and retirement to pay for the home. She will have absolutely no money to pay for the credit card balance. She has absolutely no assets and the card is in her name only. Can she just inform the company and let the balance go?

A: Basically. Yes, if what you are saying is correct her money will be spent down to the level permitted in her personal care account at the nursing home, under Medicaid regulations. They can sue her but won’t collect because she is indigent and her personal care account is a protected asset. They can bring a claim against her estate when she dies but their claim would be behind, Medicaid, and others. It is likely that there will be no estate when she dies. If for some reason there is money remaining when she dies, Medicaid and other priority claims take their share, for example, for taxes, administrator fees, lawyer’s fees. I would inform the credit card company of the situation and send them any paperwork if they ask. If they keep pestering you, change your phone number. Sometimes, these big credit card companies just don’t get it and spend thousands of dollars pursuing claims against people who are penniless or who have even been dead for years.

Can the nursing home take 95% of my husband’s income?

Q: My husband was recently placed in a nursing home, and now they are taking 95% of his retirement is this legal. As his spouse what is my recourse, since I still need to live in the home and cannot maintain it on my income alone. (Jefferson Hills, PA)

A: From your question, I am uncertain if your husband’s income is going to Medicaid pursuant to a standard Medicaid formula as to how much the institutional spouse receives and how much the community spouse (you) receives. 95% seems high to me. If this is the nursing home that is intercepting his money and it is not going to Medicaid, then I think you should consult with an elder lawyer or estate lawyer versed in Medicaid law to review your marital income to determine how this is happening and other options you may have including an application to Medicaid.

 

Will my mother be stuck with a credit card bill when she has no money?

Q: Is my mother responsible for a credit card bill when she will be put into a nursing home in a couple of days? Medicaid will be taking all her small SS and retirement to pay for the home. She will have absolutely no money to pay for the credit card balance. She has absolutely no assets and the card is in her name only. Can she just inform the company and let the balance go?

A: Basically, they can sue her but will never collect, assuming as you say she has no money or real property. They can bring a claim against her estate when she dies but they would be behind the boys from Medicaid. If there is an estate when she dies and if there is money remaining after Medicaid takes their share, and other priority claims take their share before the credit card company. These priority claims are for taxes, administrator fees, lawyer’s fees and medical expenses incurred for services within six months of death. If any money remains after that, the credit card can see the estate for the balance.

 

I want to get mom’s house in my name but there are many legal issues

Q: My 83 yr old mom is in a health care facility and I want to get her home. There are many legal issues I need advice on. In January, our three story home suffered severe water damage by thawed water pipes in the attic and its taken four months to get the damaged materials out (inc. lead materials). I was sent a check payable to mom & her mortgage holder. I don’t know how to be sure that we’re getting contractual entitled benefits. I believe that there are circumstances going on that I don’t agree with. I need help to understand how to get the benefits she’s entitled to. FAST!! I’m in search of contractors now. They will be replacing walls & floors, possibly all appliances, for 3 floors in the back half of the house. That’s a lot of work. I just don’t know what detours the insurance company will send me to get everything

A: More information is needed. As long as mom is competent, and it is her desire, she can transfer ownership of her house to you by signing a deed. However, there other issues lurking out there that you need to be aware of. If she is receiving Medicaid, or may likely need to apply for Medicaid within the next 5 years, a transfer of the home to you for under fair consideration could result in her being ineligible for Medicaid. Plus, this is mom’s home. She may need to sell the home to pay for nursing care. Does she want you to have the home even if it means she cannot live comfortably in a facility of her choosing? In addition, mom will lose her Homestead Act exclusion for real estate taxes as well as any senior citizens discounts. Furthermore, is mom aware that any judgments against you will result in an automatic lien on the house if it is in your name? If you are having difficulty in dealing with insurance people and contractors, you may want to consider having mom sign a Power of Attorney over to you, either a specific POA or a General Durable POA, assuming she is competent. I think you could benefit greatly by consulting with an attorney.

 

Can Medicaid take a home in a Revocable Living Trust?

Q: A parent is now receiving Medicaid. When that individual passes on can Medicaid take their home if they put their home in a revocable living trust?

A: If the home is subject to the claim, which could be for several reasons (in the recipient’s name, transferred without fair consideration within 5 years of application for benefits, no surviving spouse or eligible child living in the home), then yes. Generally, a revocable living trust will provide no protection from the claim. I would consult with an attorney regarding the specific facts.

Can my mom sell grandmother’s belongings to pay for her care?

Q: Grandmother has dementia. Been in nursing home for 5 years. Her money is gone due to hospital bills, nursing home and necessities she needs there as well as meds. Can my mom sell her belongings to pay for her continued care and hospital bills?  My uncles have threatened to sue her if she does. As well as demanded an account of where her money went as well as demanding to see the will that the lawyer has.  Can the sue her for selling her things to pay the hospital? And can they threaten to sue her if she doesn’t get the lawyer to turn over a copy if the will. They are claiming my mom has stolen my grandmother’s money. The apparently thought my grandparents were rich when my grandfather died and they were. They “feel” there should have been hundreds of thousands of dollars when he died. When in reality, there was less than $50,000. Nursing home and hospital/ doctor bills ate that. We provide her diapers and hygiene products gloves and snacks. Can they do this to my mom when they have provided little to no help?

A: If you are doing nothing wrong you shouldn’t have any worries. However, you do need to document these expenditures. Additionally, it would benefit you greatly to seek the advice of your attorney or an attorney versed in Medicaid law. You may need to apply for Medicaid benefits and an attorney can guide you on the process and at the same time prepare you on how to deal with these allegations. With all of these expenditures documented and organized all of your efforts will be accounted for. In the event the brothers find a lawyer who will file for an accounting, you will be able to deal with the issue before it goes to court.

Verbal agreements and contracts in land

Q: My uncle owns 10 acres of property in PA. 17 years ago I was looking for property to build a cottage on. We started talking, and he said “you might as well build it here because I’m leaving you this land in my Will anyway.” We agreed to be “partners”; no written agreement exists, and the property remains titled in his name. I performed all the engineering, design, and construction (I am a Master carpenter). He functioned as a laborer. I kept detailed records of all construction materials, and he invested $45k, while I invested $32k. We continue to remain amicable and are not experiencing any conflict regarding ownership. I am just curious – from these limited details, does this “verbal” agreement, my monetary interest and labor, afford me any implied ownership (does a contract exist) in the property should a conflict ever develop between us? Someone mentioned a Statute of Frauds issue? (North Huntington, PA)

A:  I am not sure this is a potential Statue of Frauds problem as it is not a sale of real estate. If a problem occurred between you and he, your position would be much stronger if you had an interest in the real estate. If all work halted due to a disagreement, you would need to sue for your time and materials invested in his property based on his promise. The lawsuit could take years and could be expensive. The problem with him leaving the property to you in his will is that he could change his will at any time. Or, his will may be lost or destroyed at the time that he dies. Or, he needs to apply for Medicaid some day and the property, if in his name, would be included as a Medicaid assets and need to be sold. Perhaps you should discuss your concerns with him. Perhaps transferring title from him to you and he as joint tenants with rights of survivor and sharing real estate taxes would work. If he is open to discussion, consult with a lawyer who has real estate and estate experience.