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I have a Father that i am concerned may need to go into a…

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I have a Father that...
I have a Father that i am concerned may need to go into a nursing home in the future. I am considering selling his house( 120,000 owned free and clear)- he has 17,000 in a joint account with myself . My question is - if he goes onto Medicaid how will they view these transactions? If he gives money to his grandchildren and children- will the state have the ability to go back and "claw back" these gifts? Is there a time limit? By the way its in the state of Ohio
Submitted: 7 months ago.Category: Estate Law
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11/21/2017
Estate Lawyer: LegalGems, Attorney replied 7 months ago
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,392
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Estate Lawyer: LegalGems, Attorney replied 7 months ago

I am sorry to hear of your father's declining health;

Medicaid does have a 5 year look back period, so any gifts or below fair market value transfers made in the 5 years before the application can serve to disqualify the recipient from benefits.

A person is allowed $2000 in nonexempt assets and still qualify; fortunately a home (primary residence) is considered exempt so it is not counted provided the person, on the application, indicates an intent to return (whether or not that is a realistic possibility).

Please see:

https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-418.aspx

which explains assets and eligibility.

If a party has assets that exceed the maximum allowance they can "spend down" those assets by purchasing qualifying assets such as funeral/burial plots, home improvements to an exempt home, ordinary household goods, etc;

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Estate Lawyer: LegalGems, Attorney replied 6 months ago

Hello again; just checking in to see how things worked out;

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