QUESTION

What are the REALISTIC chances of being able to eventually obtain the deed and remain as resident of the condo my deceased aunt owned .

Asked on Aug 26th, 2020 on Elder Law - North Carolina
More details to this question:
I was my Aunts caregiver for many years (also POA, named in will as sole heir, and designated by her to be executor). Following her accident (broken hip) she became a resident at a local (Apex) nursing home. At that time (approximately 3.5 years ago) she was accepted and enrolled in Medicaid. She died recently in that nursing home in her sleep. She had Covid-19 for many weeks prior to her death. I have more detail to provide,
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
From your description, it sounds as though your inheritance is subject to the Medicaid Estate Recovery Program.  This means that you cannot inherit until Medicaid is reimbursed for the cost of your aunt's care, at abouct $6,000-6,500/month.  While Medicaid may waive recovery for a child who resided in the home, providing care which delayed the need for a nursing home, for at least two years, there is no similar provision for a niece or nephew.  A niece or nephew would have to argue that Medicaid recovering from the estate, as Congress requires, would work a "undue hardship," forcing them onto public assistance.  For help in making this argument, see a local elder law attorney.  You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org).
Answered on Aug 27th, 2020 at 5:31 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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