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socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 33877
Experience:  Retired (mostly)
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Hi, I live in Georgia and would like to know if my siblings

Resolved Question:

Hi, I live in Georgia and would like to know if my siblings and I will have to sell the house that is now considered as part of our parents estate. Though there are bills of my mother that keep trickling in which may have to be paid, one of my siblings (who is disabled with MS) and I are currently living in this estate house. We are all paying on the mortgage in order to keep this house, but I read a lot on the web that many people have to sell their parents home in order to pay the deceased parent's medical bills and such. But again, what if two of the three heirs are living in that home?

Please advise.
Submitted: 1 year ago.
Category: Estate Law
Expert:  socrateaser replied 1 year ago.
Hello,

Under the Georgia implementation of Medicaid, estate recovery is stayed/delayed, if the deceased recipient has a living child of any age who is blind or permanently and totally disabled pursuant to Title XIX of the Social Security Act.

Hope this helps.
Customer: replied 1 year ago.

The thing that may cause problems though, is that my sister, which has MS and completely paralized, also owns a house in a different county (in GA) that she and her husband had before he died in 2003. She kept it and finally paid it off. When her spouse died, she had to move in with our parents due to her physical disability. Is this going to complicate matters regarding our parents house where she and I now live?


 


 

Expert:  socrateaser replied 1 year ago.
What other home?Cool

Seriously though, the only requirement is that the sibling must be "blind or permanently and totally disabled," and "lawfully residing in the home." 42 U.S.C. 1396p(a)(2)(B).

So, if the sibling cannot live alone, and she has been moved into your mother's home, then she is lawfully residing therein, and that is all that is required.

Hope this helps.
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 33877
Experience: Retired (mostly)
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