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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33085
Experience:  12+ yrs. of experience including real estate law.
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A lady that is presently living in a assisted living place

Customer Question

A lady that is presently living in a assisted living place willed us her house.
I am her POA. If I sell the house now does the money have to be put in a separate account until her death, should she need to be transferred to a nursing home within the next five years will the nursing home and Medicare take the money?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

i have some thoughts and will type them up...a few mins please...

Expert:  P. Simmons replied 11 months ago.

Thank you for your patience

It is important to understand that the law allows a person to change their will at any time, for any reason.

So she could, in theory, change her will tomorrow.

With this in mind, it is important you do NOT use your POA to sell the home. As a POA you have a fiduciary duty to her (and her estate). If you sell the home, that would likely be viewed as a breach of that fiduciary duty.

Now…IF she applies for and is granted MEDICAID at any time (today, tomorrow, 5 years or 25 years from now), the state will be first in line to recover for any medical costs that they pay on her behalf when that home is sold after her death.

The 5 year rule you are referring to applies to gifts. IF she gave you the property today, she would have to wait 5 years to apply for MEDICAID. But putting you as a beneficiary in the will is not the same as giving you the home (as I explain above). So that would not trigger the 5 year loopback that is associated with MEDICAID

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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