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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37855
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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My mother has been living in assited living for 3 years, 10

Customer Question

My mother has been living in assited living for 3 years, 10 months (46 MONTHS TOTAL) and we have paid her expenses with dollars she had saved and her monthly SS income. We are now faced with applying for Illinois Medicaid in order to keep her securily in the assisted living environment. She suffers from dementia but is still able to function OK in that location.
When reviewing the application the question is asked if she has sold any real property in the last 60 months. She lived in a duplex (she on one side and my sister on the other). Her name was on the title which allowed senior discount on the property tax. However, after moving to assisted living and no longer occupying the property she signed a quit claim deed leaving my sister as the sole property owner. There was no money exchanged as all financing had been by my sister.
do we indiate that as a sale that will penalize her from receiving Medicaid?
Submitted: 11 months ago.
Category: Legal
Expert:  LawTalk replied 11 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a licensed attorney for more than 3 decades and I handle social security/Medicaid issues. As I said, my goal is to provide you with excellent service today. Please don't confuse excellent service with a satisfactory outcome based on your wants and desires. I can only explain the law to you---not guarantee that you will be happy with the outcome---any more than a cancer surgeon can guarantee a cure.

A pretty serious mistake has been made by your sister and mother. While your sister may have saved a few bucks by having your mother's name on the deed, it may end up costing your sister half the value of the property in the near future.

Yes, you must report the property transfer. And yes, it will prevent your mother from qualifying for Medicaid until she or other family members have paid the equivalent of half the value of the home she deeded away free of charge in the last 5 years. About all that can be done at this point is that your sister will need to sell half the duplex and give your mother the money that will have to be spent down before she will qualify for Medicaid.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 11 months ago.

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug