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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?

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?

Like | Dislike | Share | Posted: Thu, 01/17/2013 - 18:47 | Post subject:

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

Like | Dislike | Share | Posted: Sat, 01/19/2013 - 22:37 | Post subject:

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!

Like | Dislike | Share | Posted: Mon, 11/19/2012 - 10:41 | Post subject:

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

Like | Dislike | Share | Posted: Mon, 11/19/2012 - 21:45 | Post subject:

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

Like | Dislike | Share | Posted: Sun, 01/20/2013 - 23:20 | Post subject:

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

Like | Dislike | Share | Posted: Sun, 01/20/2013 - 21:35 | Post subject:

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?

Like | Dislike | Share | Posted: Thu, 11/01/2012 - 22:31 | Post subject:

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?

Like | Dislike | Share | Posted: Thu, 11/01/2012 - 22:33 | Post subject:

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.

Like | Dislike | Share | Posted: Tue, 10/07/2008 - 01:14 | Post subject:

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?

Like | Dislike | Share | Posted: Tue, 03/24/2009 - 12:56 | Post subject:

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.

Like | Dislike | Share | Posted: Tue, 03/24/2009 - 21:27 | Post subject:

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.

Like | Dislike | Share | Posted: Thu, 03/26/2009 - 05:38 | Post subject:

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