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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35853
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My great grandmother is in a nursing home but still owns a

Customer Question

My great grandmother is in a nursing home but still owns a house. She has a will and has left her home to me in her will. Her power of attorney is now trying to sell her house because my grandmother's money is running out and they won't approve her for Medicare until she sells the house. How can we have the house without the government using it for her Medicare coverage? Thank you!
Submitted: 1 year ago via Cornell Legal Info Institute.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..I really hate to give bad news in cases like this, but unfortunately if G-grandmother didn't transfer the house out of her name at least 5 years prior to needing Medicaid/Medicare, then the govt can deny benefits for her. The reason is that Medicaid (which pays for long term care) is a poverty based program and the govt will only kick in to pay for care if someone can not afford to pay for their own care..I don't agree with the idea that someone can save all their lives, accumulate a little bit, and then have to spend it on their care in the last few years of their lives. But apparently the govt doesn't agree with me so they have this 5 year "lookback" window and the Medicaid Estate Recovery Program where they will deny benefits if someone transfers assets within 5 years of applying for benefits and will then lien a person's home and foreclose on it for any benefits that they do provide if the home is the only asset..So the answer to your question is unfortunately, you won't be able to get the house if it has to be sold to pay for her medical care..I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy.....thanksBarrister

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