medicaid estate recovery program in Kentucky

wbtrusty — Thu, 20 Nov 2008 18:37:34 GMT

My mother has been in a nursing home for the past 4 years with Alzheimer's and is still living. My father has just recently passed away intestate (no will). The deed to the home in which my mother and father both shared for over 40 years is only in my father's name. I have been appointed Administratix of my father's estate, and per kentucky laws (so I am told by probate court) half of the house belongs to my mother and the other half belongs to the children. All the children are over 21 years of age and have no disabilities that would qualify for a waiver.

The liability of the house is too great for any of us children to take on. It is an older house that requires a lot of up keep, and quite frankly the monthly costs are too much for us to pay out for a vacant home. We would like to sell the home immediately; however, I'm not sure if all the proceeds will need to go to Medicaid, or if only half of the proceeds will go to Medicaid.

Most of the information I have been reading talks about the recovery of assets after the Medicaid receipient passes away, not if they are survived by a spouse. I haven't been able to find any documentation that talks about this topic specifically.

Any suggestions would be appreciated, or if you know of any examples to reference that might be helpful in deciding whether or not we should sell the house now or wait. I am really afraid that if we sell the house, Medicaid will release her from any benefits and still take her home from her. She is at a stage in her disease that living in a nursing home with specialized care is essential.

Thank you.

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medicaid estate recovery program in Kentucky