Estate Law
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Answered in 55 minutes by:
6/14/2019
Category: Estate Law
Satisfied Customers: 351
Experience: Attorney at Law Office of Jeffrey Gaffney
VerifiedMedicaid rules vary by state but your fear if correct: if she buys anything then it is hers and recoverable against. If she gives it away, then it counts against her and will make her ineligible for a period of time.
There is an exception for houses when children live with a parent and by living with them, keep them out of the nursing home. You will need a doctor to support you with a statement he notarizes, but then you would keep the house. The problem is that if mom does not stay with you, being kept from the nursing home, for at least two years, then you lose the benefit and Medicaid wants the house.
BEST solution, is that Mom pays you the $50k for a LIFE ESTATE in the house. That is, she buys the right to live there and use it for her life; put it in writing. When she dies, that right just terminates and there is nothing for MediCaid to collect. The only issue might be if she is very old and $50k would be an unreasonable price to pay for the life estate.
She could also pay you to be her caretaker, and that would move money legally (though as income to you and only a bit at a time).
I hope this helps. If you need detailed help, I recommend finding an Elder Law attorney in your area.
Don't forget to rate my answer or I don't get paid. Thanks, Jeff
Category: Estate Law
Satisfied Customers: 351
Experience: Attorney at Law Office of Jeffrey Gaffney
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