My Mother had a Catastrophic Stroke(2014). They (Mom and Dad) owned their Home. She died roughly 4 1/2 years later in Total-care Nursing Home in Pennsylvania. The Home was their only substantial asset. My Wife and I moved into the house to take care of him at his request. I had P.O.A. He had 2 mini-strokes a few years before, and could not live alone any longer. After Mom died my Father went on Vacation to AZ., To my Sister and Br. in-Law. My Br. in-Law somehow convinced Dad to give him P.O.A. "while he was there"(AZ.) Long story short... My Father gave my Sister the house, Sister kicked us out, and sold the home for 170k this past September. We were told that as long as Dad was alive, he could live in that house. Once he passes though, different story. Estate Recovery of the home?? But Sister already sold it. They "pocketed" all of the 170K. I wanted nothing to do with what they did here. Who wants THAT kind of trouble?! Will they get away with this once Dad passes?? BTW, my Wife and I are not in contact with them(Sis and Br. in Law) since this past March. Their betrayal is a very hard thing to deal with. What comes next??
Hi Mellisa, I had posed a question to you on another video about this subject. So what I think is medicaid can only recover from the beneficiary estate. (Once he/she passes) While she’s alive if she inherits any anything. Medicaid will not have any claim. But if my wife’s wants to continue with medicaid she will have to add the money to the existing trust or set up a new trust? But I think she will go with Medicare and Medicare Advantage. She will need the money for food and maybe towards rent. Thank you, Jim
@tattoo billy Band you would need to consult with an Ohio attorney. I am not licensed there and am not familiar with Ohio's rules on Medicaid recovery.
Each state implements the program slightly differently using the federal guidelines. It's important to reach out to an elder law attorney in the state in which you are applying for benefits. I am licensed to practice law in Florida and Hawaii.
My Mother had a Catastrophic Stroke(2014). They (Mom and Dad) owned their Home. She died roughly 4 1/2 years later in Total-care Nursing Home in Pennsylvania. The Home was their only substantial asset. My Wife and I moved into the house to take care of him at his request. I had P.O.A. He had 2 mini-strokes a few years before, and could not live alone any longer. After Mom died my Father went on Vacation to AZ., To my Sister and Br. in-Law. My Br. in-Law somehow convinced Dad to give him P.O.A. "while he was there"(AZ.) Long story short... My Father gave my Sister the house, Sister kicked us out, and sold the home for 170k this past September. We were told that as long as Dad was alive, he could live in that house. Once he passes though, different story. Estate Recovery of the home?? But Sister already sold it. They "pocketed" all of the 170K. I wanted nothing to do with what they did here. Who wants THAT kind of trouble?! Will they get away with this once Dad passes?? BTW, my Wife and I are not in contact with them(Sis and Br. in Law) since this past March. Their betrayal is a very hard thing to deal with. What comes next??
Is there Medicaid recovery with a QMB only? I have Medicare/Medicaid that only pays for my Medicare monthly premium.
Hi Mellisa,
I had posed a question to you on another video about this
subject.
So what I think is medicaid can only recover from the beneficiary
estate. (Once he/she passes)
While she’s alive if she inherits any anything. Medicaid will
not have any claim.
But if my wife’s wants to continue with medicaid she will have to
add the money to the existing trust or set up a new trust?
But I think she will go with Medicare and Medicare Advantage.
She will need the money for food and maybe towards rent.
Thank you,
Jim
Does a survivorship deed protect
Yes, if properly executed because it would remove the property from the probate estate.
@@OConnorElderLaw thank you so that would work in ohio
@tattoo billy Band you would need to consult with an Ohio attorney. I am not licensed there and am not familiar with Ohio's rules on Medicaid recovery.
So if my mom was 53 in the nursing home being paid by Medicaid then they won't take the house after her death?
Do these rules apply to all 50 states?
Each state implements the program slightly differently using the federal guidelines. It's important to reach out to an elder law attorney in the state in which you are applying for benefits. I am licensed to practice law in Florida and Hawaii.