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Sick Father

If my father remains too sick to come home and has to stay in a nursing home for a long period of time until his insurance and medicaid run out then as I understand they will come after his assets for payment. His home is paid for but my question is can he quick deed the house to one of his children so that the nursing home will not come after it for payment. He worked very hard all his life and this is his only real asset which in his will is to be sold and divided amongst his children. Please advise.

Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Susan, your father can transfer the house to his relatives.

Department of Social Services (DSS) will give your father the opportunity to transfer his property before a lien is placed over it. He will be given reasonable amount of time to transfer his property which normally is 90 days and can be more if necessary.

Please read more about medicaid lien can be placed on property from this page : http://www.nls.org/medicaid/malien.htm

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larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Susan,

There is no problem if your father quitclaims the house to any of his children. In that case, even if the Medicaid places a lien on the house, it does not affect the ownership of the property. It will also not affect the medical benefits that are available to the Medicaid recipient that is your father.

And before placing a lien, the Medicaid program must notify your father or you and should also inform you to attend any hearing in the court concerning the lien process. You will have to pay the lien only at the time of selling or transferring the house in future.

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

my father will be refinancing is home so that I can pay-off my debts, since I can't quality for a loan on his property. he also wants to quitclaim from the property. will the bank allow a quitclaim since the loan will be in his name? Also, if the loan is in his name can he continue to qualify for medicare/medical, and can medicare come after the property after he quitclaims to his children? Thankyou

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi guest,

Welcome to the forums.

The bank may not allow for a quitclaim unless you [url=http://www.mortgagefit.com/refinance.html]refinance[/url] the loan in your name. At times, any such transfer of property makes the loan due.

[quote:33c1e4ed36]Also, if the loan is in his name can he continue to qualify for medicare/medical, and can medicare come after the property after he quitclaims to his children?[/quote:33c1e4ed36]
Medical cannot come after the property before the person taking the assistance passes away. However, if your father applies for Medicaid after quitclaiming property, then he may be ineligible for the assistance due to Medicaid look back period.

Take care

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

I was reading about Medicare liens on your website. My father has just passed away. He has lived in his parents house for decades. My cousin is the executor of the will but each of the 9 grandchildren were supposed to recive 1/9 of home sales. My cousin claims there is a medicare lien from my grandfather being in a nursing home. If your website is correct, there cannot be since my father (a son) lived there and helped his parents for over two years before he went to the nursing home. Am I reading it correctly?

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Kathy in NJ

As far as I know, if your father lived in the house for at least two years before your grandfather entered a medical facility and your father provided care for him which allowed your grandfather to live at home rather than enter an institution, then the Medicaid cannot place lien on the property. I think you should better consult an attorney and take his/her opinion on this.

Thanks

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

Thanks for your response. Do you know how I could find out if Medicaid has placed a lien? I tried the county court house, but they said they would only have record of tax liens and things of that nature.

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

I forgot to mention...My dad had no insurance so I had to pay for all of the final expenses, so paying a lawyer is really not an option right now.

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

Hi Kathy,

A title search company may help you in finding out whether there is a medicaid lien on the property or not.

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m.snover92571's picture
m.snover92571 | Joined: February 10, 2009 09:53 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

He will have a chance to sign the house over to a relative or family member before they can put a lien on it.

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

My father recently passed away. He was drawing social security and on medicare for about 5 years. He lived in his own home with his brother. Because he was terminal he was ineligible for life insurance. My sister & I paid for his burial and our uncle remains in the home. We are afraid to probate the will to transfer the property(house & 2 older cars) because we were told that Medicare may try to take the house to seek repayment. Can they do this? He was never in a nursing home. He & my uncle handled his care at home or through the dialysis clinic. He died in the hospital after 5 weeks.

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

If he has taken medicare benefits, then medicaid has the right to take away the property in order to recover the payments.

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manoj_gopale's picture
manoj_gopale | Joined: February 16, 2009 10:31 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

you have mentioned that he haven't used the nursing home facility so he won't be liable for the purpose of the lien on his home.

I think they ( medicaid officer ) will not be coming after the property.

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

My brother and mother both owned a home together. My brother took a sizeable mortgage against the home having my mother who was 74 at the time sign the loan giving him her half of the house upon her death. The bank would not give the loan to my bother unless their was a survivorship clause put in the mortgage. My mom recently past away and the house went to my brother. This was not my mothers wishes as she told me just months before her death that her half of the house will be split between her three children. My mom was blind but did sign the papers. Anyway, she was on medicaid. She was not in a nursing home. Will medicaid put a lien on the house for reimbursement of her medical cost that medicaid paid for? She lived in her home by herself.

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

Hi highlights,

Yes, there are chances that Medicaid would put a lien on the house for reimbursement of her medical cost that medicaid paid for.

Thanks

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

i am a part owner of a bldg, my uncle is the other owner medicaid wont kick in till they exhaust his assets, we are selling the house but power of attorney on his behalf went to his daughter because he is considered incompetent to handle things, will he still get 90 days to turnover his portion of the home to his kids so medicaid doesnt put a lien on his share and if yes does that mean when its sold his kids can keep the money or does medicaid want whats owed to them? the house is paid for

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

Hi dawn,

Though he has given a power of attorney to his daughter, he can still transfer property to his kids. However, you have mentioned that he is considered to be incompetent to handle things. In such a situation, it would be better if the daughter handles these things on his behalf.

Medicaid has the right to recover the money from the kids. Moreover, you should note that Medicaid has a look back period of 5 years. Any transfer of property within the last 5 years will make your uncle ineligible for Medicaid benefits.

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

My Dad past two years ago and my mom past recently both with no will and both had medicare,there names are the only names on the grant deed, Medicare wants the house for paymet, It is legal for them to take the house.

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

Hi salvasanc,

As far as I know, Medicare can go for estate recovery in order to recover their dues. You may consult an attorney who is an expert in Medicare laws and take his opinion in this case.

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

I did lots of research, about medicaide, this is what i found out the state can put a lien on the house when that person dies, the only way around things is if you are living with this person for two years taking care of them to help keep them from going into a nursing home, then after two years they can transfer the deed. But you do have to contact a elder lawyer and file for power of attory for that person. It is well worth the $300.00 attorney fee's to help save your family home. Hope I could help!

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my friends, i think you've provided some valuable advice. and i would chime in and agree that the attorney's fee is worth the trouble, even if it rises as high as $600 or $700 or even more, depending on the location of the property and the property value, etc.

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autumn_limco's picture
autumn_limco | Joined: January 5, 2010 01:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

hi. i advise you to contact some lawyer about this matter. no one wants to lose a home unless deem necessary. if you can have other options to pay the debts, please do so.

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

my wife father past away and he was on medicaid for dialysis for about 4 years and her mom was on dialysis for 6 years she past away 2 years ago she was left the house where they lived she was told that medicaid would take the house even if they never where in a nuring home can they take the home for reimbursement

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi welch,

As far as I know, Medicaid can take the home to recover the costs of dialysis. Your wife's parents may never have been in a nursing home, but they did receive Medicaid benefits while they were alive. The Medicaid would want to recover the costs they paid for her parents' dialysis.

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

I am trying to buy a property, the owner past away 8/1/2008 so a yr & a half ago. The deed was tranferred into his 3 childrens names 10/9/2009, 8 months ago. I am no relation. With the banks research a lien for over $128,000 thru medicaid just filed 6/15/2010, 8 months after deed transfer & over a yr & a half after previous owners death. The house appraised for $26,000. I am buying for $18,000. Its 100 yr old school house. Can this be fixed easily & quickly?

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

To roverstake,

I've answered this query at the following page. Hope, it helps you.
http://www.mortgagefit.com/budgeting-finance/about39916.html#169255

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pamrose's picture
pamrose | Joined: July 2, 2010 02:25 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

My uncle and I are joint owners of a co-op. I lived there 30 years ago for 10 years, then he moved in and has lived there since. My uncle had money that was to take care of him in his old age but was scammed out of 100,00s by a woman 4 years ago. Now he is being declared incompetant and needs to go into a nursing home. He has a $2500/month pension and very little cash left. My sister is becoming his guardian and medicaid is saying they will force me to sell. I want to keep this apartment as a place for my son and eventually myself to move to when I retire (6 years). What rights do I have. Mortgage is paid in full, I will be responsible for maintenance fees once he isn't.

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

Hi pamrose,

Your query has been replied to in the given page:
http://www.mortgagefit.com/budgeting-finance/about40450.html

Take a look at it. Hope it helps you.

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

I keep reading that Medicaid will allow the transfer of the real property at least 90 days. Does this mean a Quit-Claim Deed with my mother reserving a life estate, or can the property be deeded to her children to avoid the medicaid lien?

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

My mother owns her home and is now in a nursing home. Her Medicare benefits will run out in 80 days and, at that time, she can apply for Medicaid. If she is approved for Medicaid, I am told that Medicaid will take her retirement check less $30.00 per month and will allow her to keep utility expenses for her home. However, Medicaid will not allow for taxes and insurance on the property. How does Medicaid expect her to pay the taxes and insurance on the home?

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

Welcome Carleen,

Your mother can rent a portion of her property and she can use the rental income to pay off the taxes and insurance.

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

My grandmother is in the nursing home and receives medicaid benefits. I have dealt with Medicaid for 4-5 years. She still owns a small piece of property, .7 acres,in Florida that I have kept on the market for 4 years. We have had one offer that was withdrawn because it is in a location that can not be improved if under 5 acres. According to Mediciad it has to remain on the market and land taxes have to be paid for medicaid to continue benefits. There is another lien from an old mortage she had for around 20k. The property is appraised at 28k but the only offer in 4 years we have had is 5k. How can I plead with medicaid to resolve the lien?

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

It will the discretion of the Medicaid authority whether or not they would release the lien. You should contact an attorney and he might help you in negotiating with the Medicaid.

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

MY MOTHER SIGNED THE DEED FOR HER HOUSE OVER TO ME APPROX 6 MONTHS AGO. SHE IS NOW LIVING IN A SENIOR HIGH RISE, IF SHE GOES TO A NURSING HOME WILL THE HOME BE TAKEN FROM ME. I AM CURRENTLY LIVING THEIR AND INVESTED A LOT OF MONEY INTO THE PROPERTY.[size=12:3641ee6b28][/size:3641ee6b28][color=Blue:3641ee6b28][/color:3641ee6b28]

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

Welcome HARRY,

The home will not be taken away from you. However, your mother will not be able to claim Medicaid benefits immediately. She will have to wait for 5 years after the property transfer in order to claim Medicaid benefits.

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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 on medicaid. We are trying to sell the house but it has a mortgage on it. Can the bank forclose on her, or will medicaid prevent this.

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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 Jrow!

Welcome to forums!

If the mortgage dues are not paid on time, then the lender will have the rights to foreclose the property.

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 friend signed over her house to the state when she applied for disability. Her 2 adult sons are living in the house. One of them is on disability. When she dies will they be able to stay in the house or will the state take it over. Also if she has not taken benefits equal the the equity in the house what happens then, do they take the house anyway.

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

Hi elianna,

Your friend has signed over the property to the state. In such a situation, I don't think your friend's son will be able to stay in the property after her death.

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

I am about to get a settlement class action suit, My mother rec'd medicare and she owned nothing. No home, car, I paid for the final expense. Would they put a lien on her somehow and take the class action money? We live in Nebraska.
How do I find out if they do have a lien?

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

Hi murphy,

You should contact the county recorder's office in order to find out whether or not they have placed a lien on 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($)

Medicaidpayment.. Huh, really? :)

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Mr. Guest who has chosen the name of the website to act as your user name: it is most enervating and disturbing that you have chosen to waste everyone's time and energy with your inane and ludicrous commentaries. It'd be a distinct pleasure to any and all who desire to read serious answers to serious questions as well as those who simply stop by to monitor specific topics that may well have an effect on their personal lives.

You're wasting our time, and I wish to come back and find you *poof* disappeared.

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

My mother has lived on the family farm and is the third generation. I have stayed with here for over five years as needed following a fall which resulted in a hip replacement. I have not changed my residence but am there everyday to provide care, medication ect. She recently broke her hip and is in the hospital and we are worried that she may not be home again. I am wondering what proof they look for as to whether or not i live there. I did not change my residence but have a bedroom in the home. My residence is close buy and i live there with my wife but stay with my mother as needed. aI have been told the home must be place in a trust which will matur in 5 years otherwise the farm could be taken by medicaid. thanks in advance for any help.

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

Welcome rsmithcns,

It will be difficult for you to prove that you live there. Nevertheless, you should speak to a real estate attorney and take his opinion in order. As your mother is the owner of the property, there are chances that Medicaid will take over the property if she goes for Medicaid benefits.

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Is there not a neighbor who might vouch for your having stayed there for so long? Does nobody know?

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

My friend and I have a home together with a warranty deed with rights of
survivorship in july 2007 can medicare take the home if she goes in to a nursing home she had money to care for her for a few years I am also her power of attroney .

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

Hi Denise,

If your friend has the money to care for her, then she will be able to pay for her medical costs. In such a situation, Medicare won't take her property.

Thanks

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

mom owns her home and is on medicaid, will medicaid take her home when she dies if i am on her deed

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

Welcome Guest,

Medicaid may take away the property. However, if you pay off the medical dues to the Medicaid, then they won't take away the property from you.

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