Elder Law Answers
If I Pay Off the Loan on My Father's House, Will it Affect His Medicaid Eligibility?
My dad has been in a nursing home for about four years. My brother made payments on my father's house for eight years, and...
Read moreCan the State Make a Claim on My Father's House if He Is Receiving Medicaid Home Care?
- October 3rd, 2017
Q
I just applied for Medicaid for my mom and dad to receive home care. I don't think either of them will move into a nursing home because they have friends and family nearby. My mom is confined to a wheelchair and needs daily assistance with eating and bathing. My dad will be starting dialysis soon. My question is, will Medicaid attach itself to my parents' home if they are receiving home aid? Currently the deed is only in my dad’s name.
A
State laws vary considerably, so you should confirm this response with a local elder law attorney. But here are the general rules: the Medicaid agency will have a claim to recover what it pays out on your father’s behalf from his estate, which would include the house. If he dies before your mother, they must wait to collect on this claim until your mother passes away. However, if his will gives the house to your mother, then the house will end up in her estate and the state will have the right to recover its costs for her care as well. So, at the very least your father should execute a will that disinherits your mother. There may be other steps that your father can take to avoid probate and the state’s claim against his house, but these will depend on state practices and on the specifics of your family situation. So, again, you should consult with a local elder law attorney. To find one near you, go here: https://www.elderlawanswers.com/elder-law-attorneys
Local Elder Law Attorneys in Ashburn, VA
Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
Bethesda, MD
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Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
For Jeffrey Hammond, the practice of Elder Law is personal. Jeff’s many years of experience in law and in business did not prepare him for the crisis he faced in 2005 and 2006 when his father suffered a stroke and both of his parents suffered from dementia and other medical problems. At that time, Jeff began an i...
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Loretta Williams
Hale Ball Carlson Baumgartner Murphy PLC
Loretta Morris Williams is a certified elder law attorney by the National Elder Law Foundation. Ms. Williams was admitted to the Council of Advanced Practitioners, National Academy of Elder Law Attorneys (NAELA) in 2012. She serves as President of the Virginia Academy of Elder Law Attorneys. Ms. Willia...
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Meet Judith Mitnick
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Judith Mitnick
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
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