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Can Medicaid of Kansas seize a farm I inherit?

Posted on: 25th Feb, 2012 01:20 pm
I live on a farm for many years where I invested money for new construction back in early 1980's on one of my parents' farms. I still live on that ex-dairy farm, my surviving Mom was placed in a assisted living, and is legally controlled, sole person in charge of Mom and her finances, interests, as Mom has alzchiemer's bad. Now since I have been on Medicaid program, and unemployed disabled with COPD, and disability monthly check since 2007, 2 surgeries and a 2 month hospital stay as well as a few short stays since 2007, my thoughts are, I must have quite a bill Medicaid covered since 2007 including all the $3 co pay prescriptions, on TOP of hospital ''visits, doctor appointments, etc, since then, so since I stand to inherit half of all of Mom's propertoies, etc with her death IF I outlive her, then Medicaid has legal right to the property I inherit?? Question 2: Do I have right to have house willed to me before her death, or buy house my Mom owns, and being in it and owning it, having right own and keep house to live in being exempt from Medicaid seizure?? Question 3: I lost a small county court case several years ago, and since my income as is poverty, then no job over last 11 years, has resulted in me receiving less than 5,000 income from 2000-2007, so no ability to pay judgement against me, so I never did, then in 2009, with my sole income as $495 a month disability Fed gov. check, allen county judge evidently signs a garnishings order, served upon the bank where I had a savings account I used strictly to take my check to for cashing. One day I went in there to cash my check, and left $77 in the account as I did every month as I had a monthly phone bill to pay, the phone company had monthly legal access, Vonage did not accept mail payment, by wire transfer, only internet pay or bank account access. Soon, I was contacted by Vonage online, that there WAS NOT ENOUGH MONEY IN MY ACCOUNT. I WENT TO THE BANK AND A OFFICER SHOWED ME A GARNISH COURT ORDER, to access and take my money---------I found a federal law online, stating it is ILLEGAL to garnish a disabled person's money if that person's sole income is a disability/federal govenment retirement check. Which it is. To me, the judge can be sued, as well as the lawyer that did it, both knew my sole income has been same as social security check monthly as disability, since I am less than 65 years old. HELP!!!!
Hi swinn,

Your mother can use a ladybird deed in order to get the property transferred to you. However, before signing on the dotted lines, your mother should contact a real estate attorney and take his opinion in this matter. Transferring property through ladybird deed may not affect her chances of qualifying for Medicaid.

As far as garnishment order is concerned, you should have a word with your attorney and check out what steps you can take in order to nullify the garnishment order.

Thanks
Posted on: 26th Feb, 2012 08:07 pm
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