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I placed my mother in a nursing home in Oct 2009. We are both…

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I placed my mother in...
I placed my mother in a nursing home in Oct 2009. We are both signers on her home; we still owe on the home. I am considering foreclosure due to I cant afford it and dont live there. I have heard that the state sometimes comes in and ceases assets. Is the equity in the home an asset they can come in and claim and at the same time get me out of my bump?
Submitted: 8 years ago.Category: Estate Law
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6/22/2010
Estate Lawyer: Daniel P., Attorney replied 8 years ago
Daniel P.
Daniel P., Attorney
Category: Estate Law
Satisfied Customers: 2,742
Experience: I have my own practice in Sarasota, FL- Estate Planning, Medicaid & VA law, Probate & Family Law
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Thank you for entrusting me with your legal issue. I will work diligently and quickly to answer your questions. I look forward to assisting you.

 

The equity in the home is considered an asset that the state/medicaid can come in and take after the sale. What do you mean by "get me out of my bump"?

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Customer reply replied 8 years ago

My bump is that I am paying on the house that I dont nor no one lives in.

This is a huge financial burden for me. I am trying to avoid foreclosure.

What if I am trying to sell it for exactly what I owe. I wont get anything out of it.

Just trying to get this out of my name. Where, how would the state get any money?

From the buyer?

Estate Lawyer: Daniel P., Attorney replied 8 years ago

When your mom passes away, if she was on Medicaid then Medicaid/State are notified of her death and are entitled to recover the amount that they paid out for your mother during her lifetime.

 

If the house sells and she is already on Medicaid, when the medicaid office does there annual review they will see that the house sold. This will disqualify your mother from receiving any additional benefits.

 

I guess I am a little confused, if there is no equity in the home what are your concerns if it sells? There won't be any proceeds to have to give to the State.

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