Elder Law Answers
Can Medicaid Take My Mother's Settlement Money From a Lawsuit Against the Nursing Home?
My mother went into a nursing home six years ago after she broke her hip. She receives Medicaid benefits. We intended for...
Read moreI Can't Keep Maintaining My Mother's House, So Can I Sign Over the House to Medicaid?
- February 3rd, 2016
Q
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?
A
You will have to check with your state Medicaid agency, but the answer will almost certainly be no. They don’t want to be in role of owning housing around the state. You're probably best off putting the house on the market. You should be able to deduct the cost of the sale and any outstanding claims against it from what you ultimately pay the state. But, again, check with the state Medicaid agency to be sure.
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Meet Margaret O'Reilly
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Margaret O'Reilly
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
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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 Daniel Steven
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Daniel N. Steven is an attorney licensed in Maryland and the District of Columbia. with many years of experience in complex estate planning and Elder Law. He is rated by Martindale-Hubbell as an AV Preeminent 5.0 out of 5 rated attorney.
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