Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

My parents live in Arkansas. If one or both of them end up…

Customer Question
My parents live in Arkansas...
My parents live in Arkansas. If one or both of them end up in a nursing home--and do the Medicaid spend down--can Medicaid recoup funds from the sale of their house after death?
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 9 minutes by:
2/12/2016
Lawyer: Ray, Lawyer replied 2 years ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,925
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you tonight.

Medicaid here can through estate recovery seek to recover payments made for nursing home care. So yes medicaid has estate recovery and they will pursue recovery.Federal law here mandates that all states have these including Arkansas.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 2 years ago
Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 2 years ago

Reference

What is Estate Recovery and how does that affect my Medicaid benefits in Arkansas?

To put it simply, when a Medicaid applicant dies, the state of Arkansas will go to that person’s estate and say “We’ve spent money on this person, and we went to get some of that money back.” That expensive house is how the state will recover that money. As the house goes through probate and gets sold, any proceeds go to the state first, and then proceeds will go to the family next.

Can I protect my house from going through estate recovery in my will?

Regardless of what your will says, the state of Arkansas is still first in line to recover proceeds from the estate.

Are there any exemptions or exceptions to estate recovery laws in Arkansas?

There are a few exemptions to estate recovery laws. In these cases, the state would not receive proceeds from the estate as it goes through probate. These exceptions are as follows

  • If the will designates the house to a disabled child

  • If the house is the only asset of the beneficiary

  • If the deceased has children under the age of 21

  • If the home is still occupied by the deceased’s spouse--note they cannot force sale until both spouses decease here.

  • If there is a child who lived in the home for at least two years prior to parent’s death, and that child living there prevented the parent from going to a nursing home

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 2 years ago

I appreciate the chance to help you tonight.Thanks again.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 2 years ago

Susan if you can leave a positive rating it is always sincerely appreciated.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,925
48,925 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I am an attorney who settled an auto case. It appears as
i am an attorney who settled an auto case. It appears as though the plaintiff will have medical liens how long am i allowed to hold check which i have not yet deposited. It will take a while to find t… read more
Ray
Ray
Lawyer
Doctoral Degree
48,925 satisfied customers
After contacting “A Place for Mom” for assistance with
After contacting “A Place for Mom” for assistance with placing my parents in a nursing facility, I was advised by the senior resource advisor to contact an attorney for advice. So here I am… I have a … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
My 92 yr old mom & 90 yr old dad live in a 55+ mobile home
Hello! My 92 yr old mom & 90 yr old dad live in a 55+ mobile home park and own their home outright. Dad needs nursing home placement. Total savings 15K. Dad income approx. $1500/month. Case worker say… read more
Ray
Ray
Lawyer
Doctoral Degree
48,925 satisfied customers
A senior takes a reverse mortgage in Ohio and opts lump sums
A senior takes a reverse mortgage in Ohio and opts for the lump sums option drawing down all available equity at close and after the 12th month. Apparently, the lender keeps a lien against the asset t… read more
Ray
Ray
Lawyer
Doctoral Degree
48,925 satisfied customers
I have questions re: legal "processing" of my late fathers
I have questions re: legal "processing" of my late fathers will, handling the sale of my mothers home to pay for her recent admission to nursing home and what happens when her money is gone. I can't g… read more
Ray
Ray
Lawyer
Doctoral Degree
48,925 satisfied customers
my aged 87 parents need one or both to go into a nursing home
my aged 87 parents need one or both to go into a nursing home soon, days or weeks away. Are they allowed to spend down assets (they have $300,000 cash and real estate; a reverse mortgage on the homest… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,294 satisfied customers
My mothers house is in her name and we both live there and
My mother's house is in her name and we both live there and split bills. Both of our names are XXXXX XXXXX checking and savings accounts. She is 83 and probably headed to a nursing home. Her Will stat… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,294 satisfied customers
We live in Pennsylvania. My wifes parents are going to retire
We live in Pennsylvania. My wife's parents are going to retire and move near us. There only asset is their home. If they move in with us can they give us the money from the sale to put on an addition?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My mother is in a nursing home and is listed as self pay because
My mother is in a nursing home and is listed as self pay because she has nursing home insurance. She sold her home after she went into the home and put the $101,000.00 she got for the sale in her savi… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
My parents both recently went in a nursing home. They have
My parents both recently went in a nursing home. They have money they saved over the years, approximately $300K. Can they gift money to the children or does it all go for the nursing home expense ? Th… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My parents and I live in MA. I was just given by court temporary
My parents and I live in MA. I was just given by court temporary guardianship and conserveratorship over my father. Bothe parents went to a nursing home recently, secondary to different diagnosis's. A… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My mom is 88. Her health is declining. She suffers from depression.
My mom is 88. Her health is declining. She suffers from depression. She can't seem to take care of her personal hygiene and needs help with housecleaning etc. If we have to put her into a private home… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My mother is in a nursing home with Alzheimers (since Feb
My mother is in a nursing home with Alzheimer's (since Feb 2009). I am now "spending down" her money prior to Medicaid. She should be eligible in about 4 months. I am living in a house that is co-owne… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
My mother-in-law lives in Missouri. She went into a nursing
My mother-in-law lives in Missouri. She went into a nursing home in September, 1009. She has medicaid and has had it for approx 4 years. She gets social security and has a surviving spouse benefit ben… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
New Jersey specific law Facts 85 year old mother owns A
New Jersey specific law: Facts: 85 year old mother owns A New Jersey house Value at $300k. Her 54 year old daughter and family lives in same house the last 20+ years, and the daughter could qualify as… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
Really a question for an elderly law attorney. It regards medicaid.
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 ov… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
i moved in my elderly parents after my dad suffered a heart
i moved in my elderly parents after my dad suffered a heart attack. i took care of them for years. then my mom passed and now my dad is in a nursing home. i still live in the house. can i get it in my… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
If Real Estate Property has been transferred to the ...
If Real Estate Property has been transferred to the children using a Quitclaim Deed, does this transfer protect the property of the parent from Nursing Homes or Others. Is there a time period in which… read more
4ren6
4ren6
Retired
2,906 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x