JustAnswer > Legal
Ask A Question|Register|Login|Help
JustAnswer

Law

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

25 Lawyers are Online Now
characters left:
Not a Legal Question?

Related Law Topics:

  • Age
  • ,
  • Car
  • ,
  • Law
  • ,
  • May
  • ,
  • Pay
  • ,
  • Ssi
  • ,
  • Back
  • ,
  • Blog
  • ,
  • Gift
  • ,
  • Laws
Bookmark and Share

Question

my mother is in a nursing home and medicare is about to expire within couple days. She has her home in a revocable trust Some one told me to take it out of trust and put in life estate She needs to apply for medicaid soon

Edited by XXXXXXXXX on 3/22/2008 at 1:47 AM

Submitted: 609 days and 21 hours ago.
Category: Legal
Value: $15
Status: CLOSED
+
Read More

Optional Information

Optional Information:
Ft Lauderdale, Florida

Accepted Answer

Once someone decides to apply for Medicaid (Title 19) benefits the payment status at the nursing home becomes "Pending Title 19" (as opposed to, for instance, "private pay"). Unless it becomes "Granted" or "Denied" the application may be pending up to a year. Additional complexity comes from State laws that rules the Medicaid (Medicaid is operated primarily by the states).

Technically, all of the applicant's countable resources should be used to pay for nursing home care. However, through the use of asset protection planning it is possible to gift a portion of the countable assets or convert assets into exempt assets (i.e. prepaid funerals, home or car improvements/ repairs, household contents), or spend some of the assets on routine expenses (real estate taxes, health insurance etc.). Any gift made within 5 years of the Medicaid application will create an automatic period of Medicaid ineligibility based on the amount of the gift.

Federal law requires each state to have Medicaid recover program and a lien will put on the property. If the property will be sold - proceeds should be remitted to Medicaid.

States are prohibited from making estate recoveries by the Federal law in certain circumstances:
--During the lifetime of the surviving spouse (no matter where he or she lives).
--From a surviving child who is under age 21, or is blind or permanently disabled (according to the SSI/Medicaid definition of "disability"), no matter where he or she lives. --In the case of the former home of the recipient, when a sibling with an equity interest in the home has lived in the home for at least 1 year immediately before the deceased Medicaid recipient was institutionalized and has lawfully resided in the home continuously since the date of the recipient's admission.
--In the case of the former home of the recipient, when an adult child has lived in the home for at least 2 years immediately before the deceased Medicaid recipient was institutionalized, has lived there continuously since that time, and can establish to the satisfaction of the State that he or she provided care that may have delayed the recipient's admission to the nursing home or other medical institution.

Unless any above is true - Medicaid will put lien on the property owned by the deceased.

Picture
Expert: LEV
Pos. Feedback: 98.7 %
Accepts: 
Answered: 3/22/2008

Retired

Taxes, Immigration, Labor law

609 days and 15 hours ago.

Reply

I need to know if the home should be taken out of the trust and put into a life estate Will this trigger a look back period in Florida Will the home being in the trust cause denial of medicaid

Posted by LEV 609 days and 10 hours ago.

Answer

For your situation - it doesn't matter if the property is transferred into the trust or provided a life estate - as long as transfer would be within 5 years before Medicaid application - the property should be included into countable assets. As that is revocable trust - your mother is considered an owner of the property.

Florida Medicaid allows your mother to keep her house and still get Medicaid while she lives in the house. As she permanently moves to the nursing home - the Medicaid recover program will try to take the property.

see for instance - http://www.floridamedicaid.com/blog.htm

 

+
Read More

Related Legal Questions

  • iF i AM LEASING A PROPERTY WITH THE OPTION TO BUY IN ...
  • We are interested in purchasing a property in Indio ...
  • what is the maximum amount of damages i can collect from an ...
  • I would like web sites for benfits of 100% service ...
  • I have been living in GA for 1.5 years, I've been ...
  • calling a witness in a peace order appeal
  • EMT with a Cannibis Possession Charge
  • stated she has been bipolar for ten years just recently



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.