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Questions & Answers

Conference at DeskWhen it comes to getting care for the elderly or protecting their interests, many families confront similar issues. Below we have collected questions received over the years from site visitors, along with our answers. Select the subject areas of greatest interest to you and see what others have asked. Chances are you'll find questions or situations that closely parallel your own.

 

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Q:

I Can't Keep Maintaining My Mother's House, So Can I Sign Over the House to Medicaid?

My mother is in a nursing home and has been on Medicaid for the last year. I am no longer able to pay for the maintenance of her house, and what Medicaid has paid out over the year exceeds the value of the house. Can I sign the house over to the state now and avoid paying upkeep and maintenance costs on the house? 

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tags: Medicaid Rules
Q:

Will a Child's Social Security Benefit Be Reduced If the Child Works?

My husband is 70 years old and our adopted son is 16 years old.  Our son is getting Social Security benefits based on my husband's work record. My son wants to get a part-time job while he is in school. I was wondering if his earnings would at any point disqualify him for the Social Security benefits.

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tags: Social Security
Q:

Does the Medicaid Look-Back Period Apply to Community-Based Medicaid?

Does the Medicaid "look-back" period apply only to nursing home costs? If an individual transfers assets and applies for Medicaid for home care and other medical expenses, but the individual does not enter a nursing home in the five-year period, will there be a transfer penalty?

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tags: Medicaid Rules
Q:

Can I Refuse to Serve as Executor?

I no longer want to be named as executor for my mother-in-law upon her passing. How can I resign?

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tags: Estate Planning
Q:

How Can We Keep the Sale of Her House From Knocking a Nursing Home Resident Off Medicaid?

A widowed, 82-year-old woman is currently in a nursing home on Medicaid and is up for renewal of her Medicaid eligibility. The woman’s house recently sold. We need to spend down the proceeds to Medicaid’s $2,000 asset threshold. She owned the home with her children, who all received their checks from the sale of the home. The capital gains taxes due from the sale of the house will not be paid before the renewal of Medicaid. What options do we have to keep an amount to cover the taxes and not be penalized? What options do we have to spend down? Is gifting an option? This is in Wisconsin.

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tags: Medicaid Rules, Medicaid Planning
Q:

Should My Mother's Will Be Changed Now that My Brother Is in a Nursing Home?

My 92-year-old mother has a trust that divides her assets three ways (me, my brother, and my sister) when she dies. My brother was recently diagnosed with dementia and will have to spend the rest of his life in a nursing home. Will my brother's third of the assets have to be turned over to the nursing home? If so, should my mom change her will? If not, and my mom passes away, should I put his share in a trust until he is either recovered or passes away? Thank you. 

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tags: Medicaid Planning
Q:

Am I Liable for My Spouse's Nursing Home Bill?

If my husband is in a nursing home and he depletes all his assets, will I be responsible for his nursing care costs, even if my assets are tied up in an IRA?

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tags: Senior Living
Q:

Can a Medicaid Recipient's Rental Income Be Used to Pay Mortgage or Must It Go to the Nursing Home?

My great-aunt recently entered a nursing home due to severe dementia. She owns her home, and I am on the deed as co-owner with right of survivorship. I have been handling her mortgage payments. The mortgage is almost equal to what the house is worth. I want to rent the house to another family member to cover the mortgage, taxes, and operating costs. The nursing home believes that the rent would be income that they are entitled to. I say it is not income as long as it is paying the loans and taxes. Is this true?

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tags: Medicaid Rules

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