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Can I keep Medicaid from taking our inheritance if Mom has to go into a nursing home?

Posted on: 06th Oct, 2008 12:33 pm
Can I keep Medicaid from taking our inheritance if Mom has to go into a nursing home?...I need to put my mother in a nursing home; I was advised by a medicaid attorney we could do a ladybird deed and I thought that meant medicaid could not put a lien on her estate after she passed away. From what I'm reading in these columns, they most certainly CAN and WILL take my mother's estate after she dies. It appears, if I understand it right, if we'd applied for a ladybird deed five years before she needed to go in a nursing home, we'd be okay. I don't understand why my attorney would suggest the deed when Medicaid is going to get her place one way or the other?
Welcome caregiver.

The attorney has advised you correctly. It is true that if your mom's estate is transferred to you or other heirs by ladybird deed, it will prevent Medicaid from placing a lien or going for Medicaid Estate Recovery. Find more about this from a previous discussion on Medicaid Estate Recovery .

"if we'd applied for a ladybird deed five years before she needed to go in a nursing home, we'd be okay."
Things would have been okay if your mom had transferred her estate 5 years prior to applying for Medicaid. But even then ladybird deed does help protect the estate from Medicaid.

Thanks.
Posted on: 07th Oct, 2008 01:14 am
is there any way of keeping medicaid from dropping me after I get an inheritance?
Posted on: 24th Mar, 2009 12:56 pm
Medicaid has the right to go for estate recovery. However, if the property has been transferred through ladybird deed and if you are presently living in that property, then Medicaid cannot go for estate recovery.
Posted on: 24th Mar, 2009 09:27 pm
Hi

Medicaid can put a lien on the property you are supposed to inherit. They have this right. You cannot even transfer the title to someone else to avoid a medicaid lien. They can reverse such a transfer to establish their claim on the property for the unpaid money.
Posted on: 26th Mar, 2009 05:38 am
My sister Ronda, put a lady bird deed on our mom's home in 08. Mother had been in a nursing home since latter part of 06. Ronda stood to inherit the home after mom passed away. But in a strange twist of fate, Ronda died before my mother. Who inherits now? Is ladybird deed still valid? Medicaid sent us a letter of intent to file a claim to get the house. Can they do this?
Posted on: 23rd Feb, 2010 12:47 pm
As the property is in your sister's name, her heirs will be able to claim it. However, as the Medicaid has sent a letter of intent to file a claim to get the house, it would be better if you can get in touch with an attorney and take his opinion.
Posted on: 23rd Feb, 2010 09:44 pm
My name is on my mothers property and has been for over 10 years. She wants me to have the property when she dies. Can Medicaid take the
property if she has to go to a nursing home? I have help to pay the taxes on this property and my husband and boys maintain it for her.
Posted on: 14th Sep, 2010 01:06 pm
Hi maygo,

If you pay off the medical bills of your mother in full, then the Medicaid will not come after the property.

Thanks
Posted on: 14th Sep, 2010 09:54 pm
my dad died without a will. he is still legally married to my mom who is on medicaid. can the home be transfered to her or straight to their children
Posted on: 09th Dec, 2010 08:32 pm
Hi katecat!

Welcome to forums!

If your mother has no objections, then the children can file an affidavit of heirship at the county recorder's office and get the property transferred in your names.

Feel free to ask if you've further queries.

Sussane
Posted on: 09th Dec, 2010 09:03 pm
if a person is on medicare and medicaid, can they keep any inheritance they should receicw frm an aunt?
Posted on: 26th Jan, 2011 06:23 pm
Hi Guest!

Welcome to forums!

I don't think the person will be able to keep any inheritance. Nevertheless, it will be better if the person could contact an attorney and he will help him/her know whether or not he or she will be able to keep the inheritance.

Feel free to ask if you've further queries.

Sussane
Posted on: 26th Jan, 2011 09:12 pm
My Mom is in the nursing home and has been for 3 years. She is using her SS check to do this then Arizona Long Term Care is picking up the balance. Mom was awarded an amount of money from the government in regards to my Dad's service record and the atomic testing. Today I received notice that SS is being terminated. What is the next step.
Posted on: 24th Feb, 2011 12:13 pm
Hi Joyce,

Your mother may re-apply for social security benefits again and check out if she can receive the help again.
Posted on: 27th Feb, 2011 08:43 pm
My mother died in the nursing hume about 9 years ago her estate was a house and 3/4 acre of land. She put all seven of her children in her will. A sister who was born mentally disable from birth is in the will, also was placed in the nursing hom along with my mother. The house is being rented out appx 450.00 a month. There has been no probate or succession. I pay the taxes, manitance, and insurance on the property monthly and yearly. Medicaid is demanding my sister share of the inhearantance. is that leagally to demand her portion without a succsssion or probate. Is that fair to the other 6 hiers in the will?
Posted on: 17th Aug, 2011 02:21 am
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