ElderLawAnswers.com Discussion Forums / ElderLaw Answers Discussion Forums / General Discussion

Medicaid Estate Recovery

cjacja — Fri, 12 Sep 2008 22:19:38 GMT

My mom and dad were in the nursing home and used up all of their assets and went on Medicaid. My mom died in the NH but my dad did well and moved out. That was 7 years ago. Since that time he has accumulated a small amount of money (he had nothing when he left the nursing home).....I have been told by an attorney that Medicaid can't try to recover the costs incurred for either mom or dad after his death because what he accumulated after he left the nursing home has nothing to do with what he had when he went in. He said that because he used up everything they had (home and money)........ once he moved out any assets obtained from that time on can't be used for recovery. ......has anyone else heard of this? I haven't been able to find anything that even remotely eludes to this.

veterans/aid and attendance and gifts

ljcjd — Fri, 14 Nov 2008 17:46:53 GMT

I have been my dad's POA for 13 years. For 5 years I was his sole care giver. While he was living with me we had agreed that he would split the grocery, utility and mortage bills with me which ran about $800.00 per month. Since we had all his accounts with me as joint owner I didn't bother to take the money monthly...I didn't need it and it was earning interest in a CD.

In July 2007 I had to put him in assisted living and filed for the VA pension A&A to pay for it. His liquid assets were about $33,000. and then we had the CD of around $64,000. What he owed me was far in excess of his 1/2 interest in the CD so he gave it to me. I have 1 sibling and she knew about the financial situation and agreed that I should be paid my advanced expenses of $48,000+ We didn't early terminate the CD (so not to incurr the penalty) and he assigned all of it to me... I had him sign an assignment but didn't have it notorized. Now I am worried that the VA will say because I was his POA the assignment wasn't proper (undue influence or whatever).

My worry is that if VA says the assignment wasn't proper, they will say he had too much money and take his A&A away AND make us pay it back.

I was thinking of having him sign an affidavit reaffirming that he assigned all of his interests back in 2007 and have it notorized.

What do you think? BTW: I contacted an elder law attorney and he wanted me to file a gift tax return for the money but it really wasn't a gift.

Thank you for helping out with this.

quick deed on house or inheritance?

eddiejobob — Wed, 03 Dec 2008 20:16:07 GMT

My widowed old father-in-law quickdeeded his house to my wife as co-owner. His lawyer told advised him to do this as he doesn't write trusts in Tennessee. Is there a downside to this? I've heard it can add costs however the house is now worth much less than when he purchased a few years ago.

medi-cal estate recovery vs capital gains

jim — Mon, 01 Sep 2008 19:41:06 GMT

person dies in 8/07, trustee places home for sale in 1/08. escrow closed 4/08. there was a medi-cal claim
submitted shortly after death notification and a agreement that a lien would be waived since the home was
in escrow. the proceeds from the sale were deposited into a trust acct. There was a capital gains from 8/07 to close of escrow 4/08. the trust account paid the medi-cal claim from proceeds of the sale.
question:can the medi-cal claim be a deduction against the capital gains, since it was a lien against property deeded to the trust?

grandmother lives in my home what should she pay for?

smay — Sun, 09 Nov 2008 12:31:04 GMT

grandmother lives in my home.she has alzheimers.i have general power or attorney.my husband feels she should be paying rent to him to help with our bills or i should be paid for the care i provide. i use her money to pay for her medical,clothing,personal hygene.i also use it for groceries and oil for the household.before my grandmother moved in i did childcare in my home she was not tolerent of the children and i was forced to stop. my grandmothers children wanted to place her in a nursing when her son decided he no longer wanted to care for her in his home.i told them i did not agree and to allow her to live with me i was told to mind my own business.upon packing her up to go to the home they found out her ins. would not kick in for 6 months so they would have to pay for that and they did not have the money sooo thankfully they sent her to me. i want to do right by my grandmother.i understand what my husband is saying i just don't know what i'm allowed to do.

Taking advantage of the elderly

Karen — Sun, 02 Nov 2008 12:14:17 GMT

My Dad and Mom went 10/03/2008 to look at cars. (My dad is 72 and my mom is 64 years old both have health problems). They were just looking. Dad stopped at a car lot and was looking at a 2000 Buick, with 100.000 miles, the dash was coming off and the upholstery was falling down in the back (ceiling). Now the car they was driving is on its last leg. the salesman put him under a lot of pressure to buy the car. since my dad is on a fixed income he couldn't have his notes no more than a $100.00 to a $130.00 a month. They gave him $1500.00 for his old car and had him to put $2000.00 on his credit card. after every thing was said and done the credit union lady called my dad and stated that the reason they salesman had my dad to put $2000.00 on his credit card was because they charged him almost $3000.00 more than what the blue book calls for. The most it should have been sold for was $5400.00 thats in excellent condition. They charged him almost $8500.00. they put it in writing that they would fix the dash. when dad took the car in for repairs on the dash the repair man said he could not repair the dash it would have to be a new dash put in. Now they are refusing to fix the dash. They gave my dad a $100.00 check and told him that was all they could do and to be on his way. Since I just found out about this yesterday 11/02/2008, I have instructed my dad not to cash that check until find out what can be done. Im so upset- I don't know where to begin, I need help. why would someone take advantage of 2 old people in poor health that just told you that they were on a fixed income. Please can someone help me. send me in the right direction. my heart is breaking. shouldn't this be some type of abuse, breach of contract.

Karen

Medicaid Recovery on a jointly owned home

NanaD — Thu, 25 Sep 2008 18:16:46 GMT

My mom died in Massachusetts without a will while she was on medicaid. My sister's name is on the deed to my mom's house (which we did not know-they had previously owned the house together but with refinancing thought that had changed) and filed probate. Now the state wants my mother's house for reimburesement. Can they take the house if my sister's name is on the deed.

Senior Care Advocates

PeterS. — Fri, 19 Sep 2008 02:02:58 GMT

If you live in California, beware about doing business with James Walker and Senior Care Advocates. There are other lawyers that will provide you with the same services for 1/5th of the cost and they will undoubtedly treat you better, especially if you are a veteran. My family and I had a terrible experience with them. If you do decide to business with them, good luck.

Selling property at a fair price

bcks — Sat, 06 Sep 2008 17:06:45 GMT

My uncle is in a nursing home and is going to have to apply for medicaid. My uncle is a widower and has no children. He owns a house and we will probably have to sell it. Is there some type of law that says how much you have to sell it for? We are considering purchasing the house but wonder how little we can pay him for it without creating a penalty from Medicaid. The house is willed to us but he will probably need the medicaid for a while before that would become a reality. Any ideas out there? I am sure we will have to meet with an attorney at some point. We are just trying to gather as many facts as we can.

Between a rock and a hard place

Tom — Tue, 26 Aug 2008 14:18:11 GMT

I am the owner of a small tree care co located in Massachusetts. Twenty three years ago a couple living near by supported my company for the first three years of my new business. As time went by I did little work for them as a nephew from abroad moved in with them. Eight year ago they stopped all contact until this Spring. She asked me if I could work at there cottage which is a very nice place on a pond. They had not been there for seven years, it needed much work. Then she asked me to look at their main house. The lawn was three feet high, she came outside and I asked her what was going on. She told me that her husband was bed ridden and that she had cancer. She told me she had no one in America and could I help her.
It started by mowing lawn which lead to getting groceries, taking them to doctor visits,etc. She informed me on the first day we met at her house that the nephew married and moved to europe. She informed me of her husbands son from a previous marriage several states away which I never new he had. The son came to Ma shortly after I started helping and told her everything in the cottage was junk and needed to go into a dumpster. It has been over two months and he has not been back or called them. Now she has asked me about becoming her guardian. I talked with my attorney that wrote my will and he thinks its a perfect set up for a law suite. He said that even if they leave me nothing in their will that because she has given me many checks the son or another relative could accuse me of stealing.
This couple really needs the help, they refuse public help programs because they are proud and there is a slight language barrier. Everyone I talk with tells me I need a third party to get involved with their finances. But no one can tell me who that should be. Any advise would be appreciated.

CHANGES IN PROPERTY DEED WHILE REAL ESTATE IN LIFE ESTATE WITH MEDICAID LIEN

CBERCS — Fri, 29 Aug 2008 15:31:12 GMT

MY MOTHER HAS BEEN IN A NURSING HOME SINCE NOV.2004,WITH MEDICARE & HER BC/BS COVERING THE FIRST 100 DAYS AND MEDICAID KICKING IN IN FEB. 2005. HER HOME HAD BEEN PLACED IN A LIFE ESTATE IN DEC. 2001 WITH MY SIBLINGS & I BEING THE INHERITANTS. MASSHEALTH PLACED A LIEN ON HER HOME IN MAY 2005. MY MOTHER'S SOCIAL SECURITY & PENSION COVER SOME OF THE COST OF THE NURSING HOME WITH MASSHEALTH PICKING UP THE REST. MY SIBLINGS AND I ARE PAYING THE MAINTENANCE COSTS ON THIS VACANT PROPERTY SUCH AS TAXES, AND UTILITIES. MY QUESTION IS THIS: CAN MY BROTHER SELL HIS INTEREST IN THE LIFE ESTATE TO MY SISTER FOR $10,000 WHICH IS WAY BELOW MARKET VALUE WITHOUT IT BEING CONSIDERED A SALE OF ASSET WHICH WOULD TRIGGER MASSHEALTH STEPPING IN TO RECOVER THEIR INTEREST IN THE ESTATE? MY SISTER HAS HAD A QUITCLAIM DEED DRAWN UP TO GIVE HER MY BROTHER'S INTEREST IN THE PROPERTY WITHOUT MY INVOLVEMENT AND I AM THE EXECUTOR OF OUR MOTHER'S ESTATE AND HER POWER OF ATTORNEY. MY MOTHER HAS DEMENTIA AND CANNOT REPRESENT HERSELF. ALSO SINCE THE LIFE ESTATE WAS IN PLACE THREE YEARS,WHICH WAS THE LOOKBACK TIME TWHEN MY MOTHER APPLIED FOR MASSHEALTH, WILL THE ESTATE BE EXEMPT FROM THE LIEN WHEN MOTHER DIES AND PASS DIRECTLY TO HER HEIRS WITHOUT PROBATE AS THE ELDER LAW AGENCY ORIGINALLY TOLD US IT WOULD?

Gifting and 5 year look back for Medicaid

indyuser — Sat, 30 Aug 2008 21:36:43 GMT

Hello,

My father gifted some rental real estate to me in the neighborhood of $350,000. I have maintained the property for several years and he has gifted as a result. I have come across the rules on a 5 year look back rule for Medicaid. My father has had some health problems in the past but is doing good for now. If he should need to go into a nursing home before the 5 year look back period has ended, would it be to my benefit and could I gift him the money to pay his nursing home bills until the 5 year period has ended and then after the 5 years has ended, apply for medicaid? Thanks.

Indyuser

Reimbursement--Medicaid eligibility

Deb — Fri, 29 Aug 2008 11:25:53 GMT

I recently admitted my parents into an assisted living facility in FL. They have limited money so I've paid the difference in what their income is and what the facility charges. Their income is below the $3,800/month for a couple that Medicaid requires. They do own a home and my name is on the deed. I'm in the middle of trying to sell their home and have the proceeds go towards payment of the assisted living expenses.

I have used my own money to pay for the deposit, necessary furniture, and miscellaneous items needed for the move. I also intend to pay for the difference in what they have coming in and what the expenses are at the assisted living facility until the home is sold.

My questions are:

Once the house is sold will I be able to reimburse myself for the expenses I've incurred?
Does the fact that my name is on the deed give me certain rights to part of the proceeds of the house?
I understand that Medicaid has a 5 year look back period, where they scrutinize all monetary transactions to determine eligibility. Will I be able to deduct my expenses from the proceeds of the house without jeopardizing my parents becoming eligible for Medicaid?
Does the fact that my name is on the deed to the house effect how the proceeds can be distributed or must all of the proceeds go towards their care until they reach the <$3,000 resources?
Once they do reach that <$3,000 resources limit how long is the process to have them become eligible for Medicaid?
I've been told Medicaid pays for nursing homes but do they also pay for assisted living?
I was told by the assisted living facility where they are now residing that once they are there a year they can't remove them. At that point if they didn't have the resources needed to pay for their care Medicaid would then kick in. Is that the case?

Any assistance you can provide in answering these questions would be greatly appreciated.

Frustrated with dad's financial planner/Medicaid

lavendar54 — Fri, 01 Aug 2008 13:26:58 GMT

We are working with a financial planner that works out of my dad's lawyer's office. My mom entered a nursing home(after living with us for 3 years, me being primary caregiver) On 6/11/08. FP was notified as well as the medicaid dept. at the office. An immediate annuity was to be made to cover the penalty period payments to nursing home before they could be accepted into Medicaid. The FP misunderstood the date and the annuity money was taken out the same day mom went in, taking it out of the asssets. It has caused a HUGE problem. One in which they say they have never dealt with. In addition, they are telling us that the month of June doesn't count toward spend down because of this date problem. There is more but wondered if someone could address this part first. Thanks.

I want my home back

Dayzee — Tue, 12 Aug 2008 16:15:05 GMT

We added one of my children to the deed on our property, via quit claim deed. We signed at home, had no witnesses or notary.

My husband died in 2006 of cancer. I want to sell the farm and move, my daughter wants it all.

Do I have any recourse to get my farm back. I will sell it to her, but she says it is already hers.

Probate in Pennsylvania

momm2500 — Sat, 19 Jul 2008 19:22:41 GMT

When an estate attorney indicates that Probate fees were $3,500 what does that mean? What does that include? Is that all the court costs, filing fees and their expenses for probating an estate? Is an accounting part of the job description and can an estate attorney bill a beneficiary and not the executor or estate for his fees to perform an accounting if he never produced one to begin with? IF a beneficiary had to go to court and the judge told the estate attorney and the executor that they had 60 days to provide accounting and that it would be up for audit; why would they try to bill the beneficiary of the estate?

Quit Claim or Inherit?

jmo — Wed, 02 Jul 2008 21:44:38 GMT

Last year, my aunt and uncle came to live with me since they were in poor health. We agreed to purchase a larger home to accommodate everyone. They got the better mortgage rate in their name, so the home was purchased in their names. The agreement was that all of our names would be placed on the deed, however, it was not done at closing. My uncle has since passed away. My aunt has left everything to me in her will (which was completed years ago), as she doesn't have any children. My question is should we have the home quit claimed into all of our names now, or wait until I inherit it at her passing? I have DPOA and Health Care POA for her, since I am her caregiver.

I do not expect any contesting of the will, as all relatives are aware of our situation. If she does a quit claim on the property, will the bank ask her to re-finance? I'm also not sure she would qualify based on her income. We make all the mortgage payments, so getting behind on payments in not an issue. I am also concerned if by some slim chance we may have to put her in a nursing home somewhere down the line. Will all of her assets go the the nursing home? She has a sizeable savings now, and I want to protect all of our interests the best way possible. Thanks in advance.