Elder Law Answers
Can the State Make a Claim on My Father's House if He Is Receiving Medicaid Home Care?
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 nur...
Read moreWill Medicaid Have a Claim on My Mother-in-Law's Interest in Our House?
- January 5th, 2015
Q
My mother-in-law is on the deed to my wife's and my home. If she moves into a nursing home, will Medicaid try to claim an interest in my home? How can I prevent them from doing this? Must I transfer the interest in the property prior to her moving? She no longer earns an income and does not pay anything towards the mortgage at this point.
A
The usual rule is that you don’t have to do anything as long as you don’t sell the house during your mother-in-law’s life, and making any transfers now could make her ineligible for Medicaid benefits for up to five years. However, depending on the language on the deed, your state Medicaid agency may have a claim against the house after your mother-in-law passes away. I strongly recommend that you consult with a local elder law attorney to review the deed, explain how this works in your state, discuss your plans, and take any planning steps if necessary.
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Local Elder Law Attorneys in Ashburn, VA
Meet Susan Pollack
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Susan Pollack
Needham Mitnick & Pollack, PLC
Susan Pollack served as Chairperson of the Falls Church Senior Citizens Commission from 1997 to 2011 and was on the Executive Board of the Falls Church Education Foundation. She has also served on the Board of Directors of the Alzheimer’s Association of the National Capital Area and is a member of the Arlington B...
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Meet Loretta Williams
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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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