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Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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My mother was in a nursing home. I ask filled out what

Customer Question

My mother was in a nursing home. I ask for and filled out what I thought was a Medicaid application. 7 weeks after she was there, I was notified that she was not eligible since the house was in a revocable trust and an asset. After taking with a social worker, I've been her primary care giver over 10 years, sh said the house was not an asset since I lived there and paid all her bills, bathed her, prepared he meals, even the doctor talked to me when I took her because she did not understand. Frankfort said a Medicaid app was never issued to them. They said the house needs to be sold before Medicaid will pay. My question, Is the house an asset that I need to sell or can I continue living in it and not loose my home. I've lived here over the last 30 years taking care of my mother.
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.
It can be considered an asset for Medicaid purposes, regardless of whether or not you reside there, unfortunately. With that being the case, there are some ways around this issue. If your mother is mentally competent enough to sign another trust document, then you can have the revocable trust converted to an irrevocable trust. By doing so, you should be able to get this past the medicaid asset preclusion to be eligible. You can also have her advance the home to you as an advancement on your inheritance. She would effectively deed the house to you and you would be recorded as the lawful owner of the home. That is another way to handle the issue. However, even with an irrevocable trust, there are special provisions that must be met or the transfer will be counted towards assets by Medicaid. You need have an attorney familiar with these issues file the paperwork for you. Federal law has created these special trusts that are allowed to hold assets transferred by the individual Medicaid beneficiary. For the value of those assets will not be considered when determining eligibility for Medicaid, they must be distributed according to specific rules established by statute. These two types of special purpose trusts are:First-party special needs trusts, established for an individual under the age of 65, andPooled trusts, administered by a non-profit organization for the benefit of the individual of any age. If she is not mentally competent to sign such documents, then you can have her adjudicated through a court in her county of residence as mentally incompetent to handle her affairs and you can then be placed as her legal guardian for all affairs. You can then deed the house over to yourself or place it in an irrevocable trust as specifically mentioned above. Those are the most common methods of handling this medicaid issue. Let me know if you have any other questions or comments. Please also rate my answer positively (three or more stars). Thank you and Best wishes!
Expert:  Delta-Lawyer replied 1 year ago.
Just checking to see if you have any other questions or comments. I want you to be as comfortable as possible as you move forward on this important issue. Thanks