My father is in need of long term care. The deed for my parents home is under both their names as '𝙩𝙚𝙣𝙖𝙣𝙩𝙨 𝙗𝙮 𝙩𝙝𝙚 𝙚𝙣𝙩𝙞𝙧𝙚𝙩𝙮'. My father has no will or solely owned assets to probate and the home is valued at $180-190K if that makes a difference. According to PA Title 55 chapter 258.3 (b): "𝘗𝘳𝘰𝘱𝘦𝘳𝘵𝘺 𝘩𝘦𝘭𝘥 𝘣𝘺 𝘢 𝘥𝘦𝘤𝘦𝘥𝘦𝘯𝘵 𝘢𝘯𝘥 𝘢𝘯𝘰𝘵𝘩𝘦𝘳 𝘢𝘵 𝘵𝘩𝘦 𝘵𝘪𝘮𝘦 𝘰𝘧 𝘥𝘦𝘢𝘵𝘩 𝘢𝘴 𝘫𝘰𝘪𝘯𝘵 𝘵𝘦𝘯𝘢𝘯𝘵𝘴 𝘸𝘪𝘵𝘩 𝘳𝘪𝘨𝘩𝘵𝘴 𝘰𝘧 𝘴𝘶𝘳𝘷𝘪𝘷𝘰𝘳𝘴𝘩𝘪𝘱, 𝘰𝘳 𝘢𝘴 𝙩𝙚𝙣𝙖𝙣𝙩𝙨 𝙗𝙮 𝙩𝙝𝙚 𝙚𝙣𝙩𝙞𝙧𝙚𝙩𝙞𝙚𝙨, 𝘪𝘴 𝘯𝘰𝘵 𝘴𝘶𝘣𝘫𝘦𝘤𝘵 𝘵𝘰 𝘵𝘩𝘦 𝘋𝘦𝘱𝘢𝘳𝘵𝘮𝘦𝘯𝘵’𝘴 𝘤𝘭𝘢𝘪𝘮." I have 3 questions: 1) Is there a legal distinction between entirety as written on the deed and entireties as written in the law? Can DPW use that slight difference in terms as a means to put a claim on my mothers house if she survives my father? 2) If there is no legal distinction in question 1, does 258.3 only mean DPW can't put a claim on the house until my mother passes or that they can never put a claim on the house unless she herself ends up on Medicaid? 3) If my father is in long term care and my mother receives a CRSA/standard utility allowance, does that come from Medicaid and subject her estate to recovery when she passes, or does it come from straight my fathers SS income? I'd really appreciate any insight in this matter so I can put my mothers mind at ease, or at least help her figure out what she should do going forward.
if i receive medicaid in addition to medicare and recieve and inheritance... i am in texas. can they take the inheritance to recoup medicad??
My father is in need of long term care. The deed for my parents home is under both their names as '𝙩𝙚𝙣𝙖𝙣𝙩𝙨 𝙗𝙮 𝙩𝙝𝙚 𝙚𝙣𝙩𝙞𝙧𝙚𝙩𝙮'. My father has no will or solely owned assets to probate and the home is valued at $180-190K if that makes a difference.
According to PA Title 55 chapter 258.3 (b): "𝘗𝘳𝘰𝘱𝘦𝘳𝘵𝘺 𝘩𝘦𝘭𝘥 𝘣𝘺 𝘢 𝘥𝘦𝘤𝘦𝘥𝘦𝘯𝘵 𝘢𝘯𝘥 𝘢𝘯𝘰𝘵𝘩𝘦𝘳 𝘢𝘵 𝘵𝘩𝘦 𝘵𝘪𝘮𝘦 𝘰𝘧 𝘥𝘦𝘢𝘵𝘩 𝘢𝘴 𝘫𝘰𝘪𝘯𝘵 𝘵𝘦𝘯𝘢𝘯𝘵𝘴 𝘸𝘪𝘵𝘩 𝘳𝘪𝘨𝘩𝘵𝘴 𝘰𝘧 𝘴𝘶𝘳𝘷𝘪𝘷𝘰𝘳𝘴𝘩𝘪𝘱, 𝘰𝘳 𝘢𝘴 𝙩𝙚𝙣𝙖𝙣𝙩𝙨 𝙗𝙮 𝙩𝙝𝙚 𝙚𝙣𝙩𝙞𝙧𝙚𝙩𝙞𝙚𝙨, 𝘪𝘴 𝘯𝘰𝘵 𝘴𝘶𝘣𝘫𝘦𝘤𝘵 𝘵𝘰 𝘵𝘩𝘦 𝘋𝘦𝘱𝘢𝘳𝘵𝘮𝘦𝘯𝘵’𝘴 𝘤𝘭𝘢𝘪𝘮."
I have 3 questions:
1) Is there a legal distinction between entirety as written on the deed and entireties as written in the law? Can DPW use that slight difference in terms as a means to put a claim on my mothers house if she survives my father?
2) If there is no legal distinction in question 1, does 258.3 only mean DPW can't put a claim on the house until my mother passes or that they can never put a claim on the house unless she herself ends up on Medicaid?
3) If my father is in long term care and my mother receives a CRSA/standard utility allowance, does that come from Medicaid and subject her estate to recovery when she passes, or does it come from straight my fathers SS income?
I'd really appreciate any insight in this matter so I can put my mothers mind at ease, or at least help her figure out what she should do going forward.