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My grandparents are both in a nursing home and meet the income…

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My grandparents are both in...

My grandparents are both in a nursing home and meet the income guidelines for Medicaid except they have a piece of property worth about $60,000 that they are trying to sell with a real estate agent. I have heard that Medicaid can start paying and we would just have to rectify with them when the property is sold. Is this true? I cannot find anything online to support this for the state of Missouri but can for other states. Thank you.

Submitted: 4 years ago.Category: Estate Law

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5/1/2015

Estate Lawyer: Barrister, Attorney replied 4 years ago

Barrister, Attorney

Category: Estate Law

Satisfied Customers: 50,981

Experience: 19 yrs estate law, real estate. Wills/Trusts/Probate

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Hello and welcome! My name is ***** ***** I will do what I can to help...Is this property their home or some other property that they own like an investment or rental property?..thanksBarrister

Customer reply replied 4 years ago

It was once there home which is on some acreage. They moved from the property 7 years ago into the city and had never gotten around to selling it. They moved from the city apartment to the nursing home. Their old house and about 20 acres of land remain as an asset to them.

Estate Lawyer: Barrister, Attorney replied 4 years ago

Ok, then unfortunately, if this isn't their current residence, then Medicaid will likely deny coverage until this asset is sold and they spend down the money on their care. If it was their primary residence, then Medicaid will typically provide benefits and just lien the home until the final owner passes and then foreclose on their lien. But since they haven't lived there in 7 years, I doubt that Medicaid would consider it their residence and allow this...thanksBarrister

Customer reply replied 4 years ago

Thank you for your response. In this case, what would you tell the nursing home? Our concern is that it is uncertain how long it will take to sell the property. Their nursing home bill is about 8,000 per month. If the property sells for 60,000, this covers about 7 months of care. What happens if the house doesn't sell for a year, two years, etc? They will be racking up bills they cannot pay. We are worried that the nursing home will not let them continue to stay or that there will be a huge bill. Should the nursing home be taking out a lien on the property? Thank you.

Estate Lawyer: Barrister, Attorney replied 4 years ago

In a situation like this, you are correct that if they are unable to pay for their stay, the nursing home could file a formal eviction action to force them to leave. With that said, it is important to take action to ensure that the property sells quickly, even if it is at less than an optimal price. Nursing homes aren't known for being very understanding, but they might be willing to agree to place a lien on the property for payment so that they are assured of being paid once the property sells. .It is important to discuss this with the nursing home's manager as they likely have policies in place for this sort of thing because it happens quite often....thanksBarrister

Customer reply replied 4 years ago

Thank you. We can certainly discuss this more with the nursing home. I guess our thoughts move to where would the nursing home expect my grandparents to go? It was deemed unsafe for them to live independently. So the idea of an eviction is confusing to us. Thank you.

Estate Lawyer: Barrister, Attorney replied 4 years ago

Unfortunately, the nursing home doesn't have a fiduciary responsibility to provide them a safe dwelling if they are evicted for being in breach of the lease contract to pay them. So if they did pursue an eviction, it falls on parents or the family to secure an alternate dwelling for them. But if you discuss this with the management, they will likely work with you on any debt because they know that the property will stand good for the debt...thanksBarrister

Customer reply replied 4 years ago

Ok, thank you for the information. We will talk it over as a family. Thank you for your time.

Estate Lawyer: Barrister, Attorney replied 4 years ago

You are very welcome. Glad to help any time....thanks muchBarrister

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