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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40019
Experience:  Texas lawyer for 30 years in Estate law
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My disabled 82 y/o dad has stage 3 pancreatic cancer. My mom

Customer Question

My disabled 82 y/o dad has stage 3 pancreatic cancer. My mom had a stroke. Both of them are on Medicare and Medical. My dad is very sick and is in and out of the hospital. Their only asset is their car and house which is not yet paid off. Due to their condition, they wanted to sell the house so that they can somewhat enjoy the fruit of their labor. My brother, sister and I all have agreed to the plan cause we believe that my dad only have few years left. Our concern is that if they proceed with the sale of the house, their Medical will be affected. How can they about not getting their Medical revoked if they decide to sell the house. Can you please advice. Thank you so much.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. Ray here to help you tonight. If they sell the property they both become ineligible and have to spend down the funds.MediCal will absolutely be affected here by such an increase in their resources.They can spend down on their care until they are again eligible.\ They could use a ladybird deed here to pass the house to the children.The parents would keep life estate and children get remained interest.This would avoid MediCal problems since they keep life estate and it avoids probate where MediCal can assert a claim. You need a NAELA lawyer to prepare the deed and make sure all is well with MediCal. Reference to lady bird deed aka enhanced life estate deed.
Expert:  RayAnswers replied 1 year ago.
NAELA lawyer here--National Association of Elder Lawyers The life estate would be a away to pass it on tot he kids after they decease and avoids eligibility issues if they sell it.
Expert:  RayAnswers replied 1 year ago.
Let me know if you have more follow up.Thanks again.
Expert:  RayAnswers replied 1 year ago.
If you can positive rate it is always much appreciated.