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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 9908
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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, Father passed away in Missouri and had a home where

Customer Question

Customer: Hi ***** *****
JA: Thanks. Can you give me any more details about your issue?
Customer: Father passed away in Missouri and had a home where he lived but my mother died in a Nursing hOme 4 years before and was on Medicaid. She owned at the time 50 % of the home and then after she died my dad got the home of which he died recently. Question is can Medicaid put a lien on the house which has been quick claimed deeded to me after my fathers Death?
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Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

My sympathies for your loss; I will explain the Medicaid's Estate Recovery process.

Basically money expended by the government for nursing home care is a loan, not a gift, contrary to most people's understanding (most people think it is a benefit after paying taxes for a lifetime). If the decedent had assets, the government will place a lien on those assets in order to recover money spent on the decedent's care.

The state will waive the interest, temporarily, if their is a surviving spouse residing in the home.

As far as gifting a house for less than fair market value, the government has a 60 month look back period, so they can essentially "undo" any transfers that weren't for full value in the past 5 years. However, under limited circumstances a decedent may gift a house without penalty to: ***** ***** who is under age 21 or blind or permanently disabled (at any age); a sibling who has an equity interest in the home and was residing there for at least 1 year prior to the applicant's need for long-term care; or a child of any age who was residing in the home at least 2 years prior to the applicant’s need for long-term care and who provided care that permitted the applicant to reside at home rather than in an institution.

One can also claim an "undue hardship exemption" - this is typically granted when inheritors have limited income and the estate is their sole income-producing asset .

In such a case then the government will not pursue the property.

I hope this information is helpful as I tried to provide very thorough information, even if it is contrary to what one wished to hear - I have a moral obligation to provide accurrate information. If you found this information useful, kindly rate positively so I receive credit for assisting you.

Thank you - please post any follow up questions here!

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