How Is a House Divided After a Caregiver Exemption Transfer?

If my sister becomes a caregiver for my mother and uses the caregiver exemption law with a transfer of the house to her, once my mother has passed, how will the house be legally divided between me and my sister?

See the Answer

Is a Home in a Trust Considered an Asset by Medicaid?

My mother has dementia and is in an assisted living facility. Her house is part of a trust, with me as the trustee. I can no longer afford to pay for her care, and I am finding it necessary to sell her home to pay for this care. If the home is part of a trust, does Medicaid or Medicare see this as an asset?

See the Answer

Can I Collect Survivor Benefits If We Were Separated?

My husband and I were married for 17 years. We were separated at the time he was deceased. He lived in Delaware; I lived in New Jersey. Does this stop me from collecting his Social Security for survivor benefit, by him living in a state of Delaware at the time of his demise?

See the Answer

Can a Trust Protect Home Sale Proceeds From Medicaid?

My 92-year-old mother decided to sell her home. She is on Medicaid. She wants to protect her proceeds in a trust so that her kids inherit it after she passes. Will a trust protect her proceeds from Medicaid trying to claim it. What is the best action?

See the Answer

What Happens to My Mom's Debt While on Medicaid?

My mom is going onto Medicaid and has a line of credit (not a HELOC) with a balance owed. What happens to that debt once she is in long term-care, with very little SSI, and cannot pay the debt? Is she required to pay any of it with the little bit of money she is spending down, prior to starting Medicaid?

See the Answer

Will My Mom's MMNA Count As Excess Income for Medicaid?

My father currently receives institutional Medicaid in New York City, where Medicaid spousal impoverishment rules allow a community spouse living at home a Monthly Maintenance Needs Allowance (MMNA), which my mother is currently receiving. We would like to apply for Community Medicaid for my mother because she is in th...

See the Answer

How Do 3 Names on a CD Affect Medicaid Eligibility?

What happens to a certificate of deposit with three names on it, when one applies for Medicaid?

See the Answer

Does Spending Retirement on Home Repairs Affect Medicaid?

Will spending down money in a retirement account to replace a roof and HVAC system, then selling the house, have an effect on qualifying for Medicaid?

See the Answer

How Do I Use a Life Estate for a Spouse and Church?

If a wife wants to give her husband the right to stay in the home after her death and, at the time of his death, have the house donated to the church, what type of will does she need or what does she need to do? She also wants to leave her husband enough money to pay house expenses. She owned the house when they marrie...

See the Answer

Will My Mom's Half of the House Go to Me When She Dies?

My mom and I bought a house together in 2020. We split it 50/50. We are both widows. I am 64 (65 in May); she is now 84. We live in Texas. I get a homestead exemption on half of the mortgage, but she can’t because of another house that she owns. When she dies, will the house revert to me 100 percent? Can I have her nam...

See the Answer

Recent Elder Law Articles

Recent Medicaid Articles