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

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?

helping_user's picture
helping_user | Joined: March 31, 2006 03:39 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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 .

[quote:e53f82a5ad]if we'd applied for a ladybird deed five years before she needed to go in a nursing home, we'd be okay.[/quote:e53f82a5ad]
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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

is there any way of keeping medicaid from dropping me after I get an inheritance?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi maygo,

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

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

if a person is on medicare and medicaid, can they keep any inheritance they should receicw frm an aunt?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Joyce,

Your mother may re-apply for social security benefits again and check out if she can receive the help again.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Willie!

Welcome to forums!

The will needs to be probated so that the heirs can claim their share in the property. I don't think Medicaid should demand her inheritance unless the probate is complete. Contact a real estate attorney and he will further guide you in this matter.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thank you for your prompt response to my previous questions. My problem is 1/2 of the hiers do not want to sale the property. What do you think my next option could possible be? I think you are rigth I may have to consult an attorney. Thanks for your concern.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Willie,

You can buy out the other heirs by offering them a certain sum of money and ask them to transfer the property to you. This will make you the sole owner of the property. Then you can sell off the property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I'm on Medicare ans Medicaid. My Mom passed away and the end of the year I will recieve a small inheritance. I've had alot of medical bills this year and a friend says all my inheitance will go to pay back medicaid. Is this true?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If your mother has a property in her name, then that can be taken over by Medicare and Medicaid in order to recover their debts. They may even take over your mother's estate in order to recover the dues.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My house is in my name. My Mom rents from me. We're both in retirement & poor health. Should I now put my house in my daughters name only? So she can someday keep all the money from the sale of the house?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Tina,

You can transfer the property to your daughter so that she can become the sole owner of the property. However, this might make you ineligible for the the Medicaid benefits for the next 5 years.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

what happens when estate funds have been distributed to heirs and medicaid now wants recovery and the money is no longer in the estate?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi bernadbrg!

Welcome to forums!

Though I'm not sure there are chances that Medicaid may contact the heirs in order to recover their dues. Nevertheless, it will be better if you could contact an attorney who is well versed with the Medicaid laws. He will be able to better assist you in this matter.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my sister is in a nursing home and on state if dad dies and leaves her 1/2 the house can state make me sell the house when dad dies to pay the state back?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi ljabeele,

If your sister's name is on the property deed, the nursing home may ask you to sell off the property and pay for the debts.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have a question that is almost the same as the others.......
My grandmother, who has dementia, is going to have to go into a nursing home. My family (husband and child) live in her house with her to take care of her. Her house is in both her name and my mother's name. What is going to happen when she does go to a nursing home? We have not lived in the house but for almost two months. Will Medicaid take the house and we will have to move out? Does it make any difference that the house is in both her name and my mother's?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Season!

Welcome to forums!

Your query has been replied to in the given page:
http://www.mortgagefit.com/annoucements/about54874.html

Take a look at it. I hope it will help you.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

step-mother going in nursing home (private) needs to sell condo to pay, has been using medical for home care. what to do to avoid recovery from medical, can we buy the house? sell the house to the trust. She will be admitted on 8/15/12 ?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

step-mother going in nursing home (private) needs to sell condo to pay, has been using medical for home care. what to do to avoid recovery from medical, can we buy the house? sell the house to the trust. She will be admitted on 8/15/12 ?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi gina!

Welcome to forums!

You can put the property in a trust in order to avoid any kind of estate recovery by Medicaid. Nevertheless, before taking any step, you should contact a real estate attorney and take his opinion in this regard.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My sister is dying of Pancreatic Cancer. She has 7 children. She wants to sale her house to a sympathetic in-law in advance of her death to avoid Medicaid Recovery. The In-law woudl then resale the house and the residue of the estate would pass to the children. Is this legal?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Is it legal for my sister who is dying to sale her house to a in-law who intends tor sal the house after her death and distribute the equity to her heirs?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

The sale of property before Medicaid recovery may not be considered as legal. It will be better if your sister and the sympathetic in-law consult an attorney in this regard.

Hi Georgana,

As far as I know, selling off the property in order to avoid Medicaid Recovery may not be considered as legal. If Medicaid comes to know about this, it might sue your sister or the in-law.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello! My grandmother was recently moved into an assisted living facility and has applied for a medicaid waiver, thanks to my uncle without regards to the rest of the family. My question is will the things in her will be taken by medicaid when she dies or will the people entitled to them still recieve them. I am talking about dressers and tables and piano equipment and jewelry? Any help will be appreciated!

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

HI Heather&Shawn,

The Medicaid may recover the debts from her estate. Nevertheless, it will be better if you could contact a real estate attorney and take his opinion in this regard.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my mother is in a nursing home..her husband was getting her social checks..her husband open a checking account in her name only a few months before he died...does his daughter have the right to take this money...her name was not on the account but she said that medicare tole her that he could take $880.00 A MTH..IS THIS RIGTH,

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

If the checking account is in your mother's name, then her husband's daughter won't be able to take money from that account. That may be considered as illegal.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my mom is sick with copd and im on ssi she has a morgage of 54,000 and the house is worth 59,000 and she wants me to take it over im on the deed can medicade still take the house and should i get on the loan

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi billbers!

Welcome to forums!

If you are the sole owner of the property, then the Medicaid may not be able to place a lien on your property or take away because of your mother's debts.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mom transferred her property before she died using a warranty deed. I received a estate recovery questionnaire. Can the state take her home even if home is already in my name?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Simba,

If the property is solely in your name, then I don't think anyone will be able to take away the home from you. You may still contact a real estate attorney and take his opinion in this regard.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

when my mom dies and i take over the morgage can i lose my ssi

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi billbers!

Welcome to forums!

I don't think taking over the mortgage will have any affect on your SSI.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother is the executor of my grandfather's estate but none of the assets are willed to her. The estate is willed to my grandfather's grandchildren (myself and 6 others). My mother has control of the estate while she is living but the estate can not be dissolved until she passes away. If my father enters a nursing home, can Medicare have access to the assets (land and money in a CD) of this estate?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Bella,

Is your father anyway connected to your grandfather's estate? If not, then the Medicaid won't be able to go after the estate in any way.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

While married, my husband (now ex) and I purchased a home. Once we divorced, he took my name off of the deed; however, I'm still on the mortgage. :( He is now in a nursing home and I will have to take over the mortgage. What rights do I have if his Medicaid is approved?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi slvrsnoozi,

You have no rights to the property as your name is not mentioned on the property deed. However, you will be liable for the mortgage payments as your name is mentioned on the mortgage docs.

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