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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My sister in Florida is on social security disability so she

Customer Question

My sister in Florida is on social security disability so she has Medicare and Medicaid. She was just placed in a long term nursing home. We sold her house for $60,000.
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Her son has been caring for her for ten years. Otherwise she would have been placed in a nursing home ten years ago.
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Someone said he is entitled to keep the house. Can he get the money? Or will Medicaid take it all away?
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Thank you,
Doug Braun
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you question.

To answer directly, any sale is subject to a 'five year look back'. That means that if a transfer took place longer than 5 years ago, the proceeds can go to the descendants, but otherwise the funds go toward her medical care. So if she passes away and there are medical bills, Medicaid has the right to pursue those assets first, and then whatever remains would go to the descendants. He is not entitled to the funds. I am sorry!

Sincerely,

Dimitry, Esq.