Elder Law Answers
Does Medicaid Consider a Rental Apartment an Asset or Income?
I have a second apartment that I rent out. I need Medicaid to pay for a short-term (one mon...
Read moreWhat Does Medicaid Consider 'Fair Market Value' When Selling a House?
- August 7th, 2018
Q
If a person is applying for Medicaid or already receives Medicaid benefits, what is the penalty if his or her house does not sell for "fair market value"? Additionally if it is not realistic that the house would sell for “fair market value” because it needs work, will the state accept that?
A
The market determines fair market value. If you put your house on the market, by definition, the best price you get for it is its fair market value. Any other determination, including by an appraiser, is simply a best guess. This gets complicated, however, if the sale is not an arms-length transaction. For instance, if you want to buy your father’s house and you believe that the appraisal over-valued it due to poor conditions, there are a few options. You could go back to the appraiser and explain why there should be an adjustment. You could put the house on the market at the appraisal value to show that no one will buy it at that price. Finally, your state Medicaid agency may permit a small adjustment, for instance a reduction in the amount of the standard realtor’s fee in your state if that is being avoided by a "friendly" sale.
For more information on Medicaid's asset transfer rules, click here.
Local Elder Law Attorneys in Ashburn, VA
Meet Margaret O'Reilly
(703) *** ****
Learn more
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...
(703) *** ****
Tell us about your legal issue and we will put you in touch with Margaret O'Reilly.
Meet Evan Farr
(703) *** ****
Learn more
Evan Farr
Farr Law Firm
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
(703) *** ****
Tell us about your legal issue and we will put you in touch with Evan Farr.
Meet William Fralin
(301) *** ****
Learn more
William Fralin
The Estate Planning & Elder Law Firm PC
Bill founded The Estate Planning & Elder Law Firm, P.C. in 1994. Bill limits his practice to the areas of estate planning and administration, incapacity planning, Medicaid, asset protection planning, and elder law. He is one of (15) fifteen attorneys practicing in Virginia, Maryland and the District of Columbia, ce...
(301) *** ****
Tell us about your legal issue and we will put you in touch with William Fralin.
