|
|
|
Forum Newbie
Group: Forum Members
Last Login: 11/20/2008 6:20:51 PM
Posts: 1,
Visits: 0
|
|
| 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.
|
|
|
|
|
Forum Member
Group: Forum Members
Last Login: 6/23/2008 1:27:21 PM
Posts: 34,
Visits: 0
|
|
| Not being an attorney I can not confirm or deny that you got correct information that your mother now owns half the house. But let us assume the information is correct. I can confirm that if the house is sold, NONE of the sale proceeds will go to Medicaid. Simply put, if your mother owns half the home and it is sold, she is entitled to half the sale proceeds and she doesn't pay Medicaid any of the sale proceeds. It is her money. Period. But...., if she comes into additional resources (sale proceeds) that must be reported to the Medicaid office. And that will put her over the $2,000 resources limit and her Medicaid will be terminated due to excess resources. She will then be private pay at the nursing home until her money runs out--then she may again qualify for Medicaid. Be advised she does not have to spend all her money at the nursing home. Does she need a prepaid funeral? Clothing or personal items? Could she use a TV or piece of furniture in her room? You may wish to meet with a consultant or elder law attorney that does Medicaid planning in KY to determine what options may be viable, and preferable to spending it all at the facility, in her particular circumstances. I hope this information will be helpful. Joe Whitehouse, Medicaid Consultant, Louisville, KY.
|
|
|
|