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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 9905
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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My mother is 94 years old. She has been living with me for

Customer Question

Good morning. My mother is 94 years old. She has been living with me for almost 5 years now. She is now in a nursing home. Her only home is in my name, my brother and my sister and my mother's name. Can Medicaid force us to sell the home when my mother dies and can they only take 1/2 which is my mother's portion? Is there anything I can do prior to her death to insure they can't take it. The house might sell for $75,000.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Louisiana
JA: Has anything been filed or reported?
Customer: Not that I know of
JA: Anything else you want the lawyer to know before I connect you?
Customer: My mother has been on a Medicaid Waiver now for over 3 years because I work and she had to have a sitter while I was away. So they have over $60,000 spent on her.
Submitted: 1 month ago.
Category: Estate Law
Expert:  LegalGems replied 1 month ago.
I am sorry to hear of your mother's declining health. What you are referencing is the estate recovery process where the state will seek a lien to reimburse for money subsidies from the program. The state can only access the recipient's interest in property, not an adult child or other third party's interest. There is also an exception so that of an adult caregiver resides in the home for 2 years and renders care which delays the necessity for nursing home admission, then the property is exempt from the recovery process.I hope this helps. Further questions please post here otherwise kindly rate positively!