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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 22572
Experience:  14 yrs estate law, real estate. Wills/Trusts/Probate
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Mothers estate is in trust. She is now in a nursing home and

Resolved Question:

Mothers estate is in trust. She is now in a nursing home and they are encouraging me to apply for state aid for her care. Her Medicare Part D will no longer cover her care. Do we(her children) have to sell the house and use the monies to pay for her care before we can apply for state aid? Her only income is $616 per month Social Security.
Submitted: 11 months ago.
Category: Estate Law
Expert:  Barrister replied 11 months ago.
Hello and welcome! My name is XXXXX XXXXX X will try my level best to help with your situation or get you to someone who can.
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Do we(her children) have to sell the house and use the monies to pay for her care before we can apply for state aid?
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No, if she doesn't have any other assets to pay for her care other than her house, she wouldn't have to sell it to qualify for Medicaid to cover any nursing or assisted living care. They will however, file a lien against her home for the cost of any care that they pay for on her behalf under the Medicaid Estate Recovery System.
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Upon her death, they will then require that the house be sold to reimburse them for those costs expended or the heirs pay Medicaid back directly if they wanted to keep the home.
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However, there is nothing that would prohibit you from selling the house to pay privately for her care, you just can't be forced to do so.
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But if it were me, I wouldn't sell the house right now and just wait and see if they actually filed a lien against it or not when mother passed.
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Thanks
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 22572
Experience: 14 yrs estate law, real estate. Wills/Trusts/Probate
Barrister and 10 other Estate Law Specialists are ready to help you

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