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in new jersey my mother owes 44,000 on her house. we have to

put my father in a...
in new jersey my mother owes 44,000 on her house. we have to put my father in a nursing home.
If i buy it for what she owes then go ahead and sell it later can they come looking for the money for the nursing home?
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Answered in 8 minutes by:
8/15/2013
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 35,841
Experience: 30 years experience in the practice of estate law.
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Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

You can not buy the house for less than market value or it could cause a delay in your father's eligibility for medicaid. Tomthe extent that the sale price to you is below market value it would be treated as a gift to you and Medicaid, for eligibility determination, looks back 5 years for gifts and transfers.

So, no, you can not do what you are planning and still have your father qualify for Medicaid.

There are methods for protecting assets and you should consult with an elder care or estate planning attorney in your area.

I am sorry. I realize this is not the answer you were hoping for. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's position, but accurately reflects their position under the law. I hate it, but it happens and I ask that you not penalize me for having to deliver less than favorable news.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

JudgeLaw
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 35,841
Experience: 30 years experience in the practice of estate law.
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Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):  http://www.justanswer.com/law/expert-JudgeLaw/
          

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Loren
Loren
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Category: Estate Law
Satisfied Customers: 35,841
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Experience: 30 years experience in the practice of estate law.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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