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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?
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
Posted on: 17th Aug, 2011 10:45 pm
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.
Posted on: 19th Aug, 2011 09:40 pm
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.
Posted on: 21st Aug, 2011 11:40 pm
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?
Posted on: 01st Sep, 2011 08:16 am
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.
Posted on: 01st Sep, 2011 10:37 pm
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?
Posted on: 24th Sep, 2011 11:13 am
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
Posted on: 26th Sep, 2011 01:02 am
what happens when estate funds have been distributed to heirs and medicaid now wants recovery and the money is no longer in the estate?
Posted on: 05th Oct, 2011 01:06 pm
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
Posted on: 05th Oct, 2011 10:32 pm
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?
Posted on: 10th Feb, 2012 11:19 am
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
Posted on: 11th Feb, 2012 12:17 am
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?
Posted on: 25th Jul, 2012 05:55 am
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
Posted on: 26th Jul, 2012 12:09 am
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 ?
Posted on: 08th Aug, 2012 01:07 pm
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 ?
Posted on: 08th Aug, 2012 01:08 pm
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