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Really a question for an elderly law attorney. It regards medicaid.

Really a question for an...
Really a question for an elderly law attorney. It regards XXXXX XXXXX wife and mother both bought a house in 1998. In 2001 my mother in law moved out as she got married. In 2005 I moved in and took over half the mortgage prior to that my wife had paid the mortgage since 2001. In Aug 2006 we changed the deed to remove my mother in laws name and me onto the deed. Last year my mother-in law had a stroke and now needs nursing care - my wife is in the process of applying for medicaid for her. The medicaid people who she is filing with say that the transfer of the house will count as a gift and means that she will not be eligible for medicaid until the value of the half share of a house she gave away has been used up in a 'penalty period'. Though they seem to be calculating the value of the house irrespective of the mortgage against it? Is this correct? What are our options here? Put her back on the title so its her residence again - if so will they be able to claim back upon her death?
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Answered in 3 minutes by:
8/1/2009
legaleagle
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13,441
Experience: Attorney-Business degree from The University of Texas
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If you put her name back on the title they will not be able to sell it at her death since you and her daughter have been living there more than 5 years prior to her death so it is protected as being your property after she dies even if you transfer the title back to her. They do value the house at the fair market value at the time she gave it to you, not the amount of mortgage that is remaining.
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Customer reply replied 8 years ago
Thanks. If we put her back on the deed and then (in the future) sold the house could they claim any of the proceeds? Either at the time of sale or again when she dies?

Where does the reference to the 5 year statute come from?
If you sell before her death then yes her protion of the proceeds would be income to her and she would have to spend it down and stop having Medicaid until she is down to just $2000 again.

It is actually 2 years I guess I mistyped but here is the artilce and I work for DADS in Texas and we try to take homes all the time since we administer Medicaid in Tx and I know from expierence we can not take it if a previous caregiver is living in the home. However I misread that the mother moved out in 2001 so she was not living with daughter and being taken care of by daughter so the house is not protected under this exception.
http://books.google.com/books?id=bL0l2ADU4rcC&pg=PA139&lpg=PA139&dq=medicaid+protect+home+when+ child+lives+in+it&source=bl&ots=GT3j0angs_&sig=wfyRKB0928h8eGozLknsifYqYEM&hl=en&ei=LZZzSuqqJpX4NfC6lbEM&sa=X&oi=book_result&ct=result&resnum=1#v=onepage&q=&f=false

You and your wife would be better off getting an equity loan and buying her out of her share and she has to deplete that for Medicaid but at least your house would be protected since she sold it for value and it was not just a gift.
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Customer reply replied 8 years ago
Thanks. How much would the equity loan have to be for? If they consider the value of the house to be its market price we don't have that much equity in the house (we have a mortgage), more like 40,000 currently and 30,000 at the time we changed the deed.

Can medicaid take the home from us (or force a sale) after her death if we are on the deed? Also my mother in law only had a 50% stake in the house in the first place.

If we put her on the deed couldn't the nursing home or other creditiors she may have come after the house - could they force a sale?
<p>They can not take the house at her death if you are on the deed but they can put a lien against it for the amount of money that is her share so that when you do sell you have to pay the lien first. </p><p>Your options are leave title the way it is and she has to spend down the money they claim she should have gotten for the sale so someone, you, her daughter or her husband has to pay for nursing home until she qualifies for Medicaid. Then the house is protected from any of her creditors because her name is XXXXX XXXXX the title.</p><p>Put her back on the title, she gets medicaid now but if she has unpaid debts, creditors can seek judgments against her and place a lien on the house as well as medicaid at her death.</p>
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Customer reply replied 8 years ago
Thanks!
(Appreciate the time - Just these and I'll pay).

The critical thing though is what is considered her part of the house? Is it 50% of the value (not including mortgage) stated on the tax bill or 50% of her equity in the house at the time of transfer/sale? If the 3 of us are on the deed does she then only have a 1/3 share?

Can an an unsecured creditor (a credit card) sue to place a lien against a house?
Her share is the share she had before she transferred to you. So if she and daughter shared 50/50 she has a 50% share of the fair market value minus the amount of mortgage due, so 50% in any equity that she would have had if she had sold the house.

Yes an unsecured creditor can sue to place a lien on the house if it is in her name at all.
legaleagle
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13,441
Experience: Attorney-Business degree from The University of Texas
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legaleagle
legaleagle
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Category: Legal
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