QUESTION
How do we sell the house before moving our Mom to assited living?
Asked on May 29th, 2013 on Estate Planning - Michigan
More details to this question:
My siblings and I are thinking of place our mother in assisted living, but are confused on whether they take all her assets or not. My brother has power of attorney and his name is also on her house. If we sell the house does that need to be given to the facility or how does that work. Also, what about her car. She does get SSI and a pension? Do they take everything she has?
12 ANSWERS
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If no liquid assets you can apply for Medicaid. If house was in brother's name for over 5 years, it may be exempt. And if he lived with her as a caregiver, it may be exempt also.
Answered on May 31st, 2013 at 11:16 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You need to see a lawyer who practices in "elder law." You may have a problem with brother being in joint ownership of the house. Now, the assisted living facility doesn't just "take everything." How could they? The assisted living facility charges fees for care, room and board. Those fees are often more than most families can afford. So, your mother may have to qualify for Medicaid. Medicaid is a program for poor people, so your mother will need to spend her own assets on her care until she has nothing but $2,000, a car, and her house. Then she qualifies. Again, pay a lawyer to assist. At the end of the day, it will save you money and grief. The rules are complex and there are potential problems which can create a great deal of trouble. Get an expert on your side.
Answered on May 30th, 2013 at 12:31 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Medicaid is entitled to most everything. However, there may be ways to minimize the outlay and generally the facility's social worker will assist you with that.
Answered on May 30th, 2013 at 12:31 PM
For appropriate answers you should visit with an attorney specializing in medicaid issues.
Answered on May 30th, 2013 at 9:48 AM
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Speak with a Medi-Cal planning/elder law attorney. If you sell the house the proceeds will have to be used for her care until depleted. There are other options but you must speak with an attorney.
Answered on May 30th, 2013 at 9:47 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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To qualify for Medicaid coverage, she can only have $2,000 in countable assets. If the house is sold, her share of the proceeds would have to be used towards her care before she could qualify for Medicaid. She can use part of the proceeds for paying qualified needs, such as pre-paying her funeral expenses. The car is not a countable asset. Most of her income would also go towards her care.
Answered on May 30th, 2013 at 9:47 AM
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You need to meet with an attorney to address these issues. This is a complex situation and a trap for the unwary. Your brother needs to get advice as soon as possible, but certainly before making any moves.
Answered on May 30th, 2013 at 9:46 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The house and car are exempt. If you sell them, the proceeds are NOT exempt, and they would need to be spent down, before your mother would qualify for assistance.
Answered on May 29th, 2013 at 11:02 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The house is your mother's asset. You can sell the house. How she disposes the proceeds is up to her, as long as the disposal is not with the intent to deprive the government of any claim they may have for recovery of any outlay for medical expense support. You are advised to seek the assistance of a lawyer who specializes medical recovery law re the disposition of your mom's assets. An assisted living facility will certainly want an assignment of her SSI and maybe the pension to help pay for the monthly expense. So, get some advice from a competent lawyer, and expect to pay an hourly rate.
Answered on May 29th, 2013 at 9:44 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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I guess you are worried about Medicaid? You need to consult an elder law attorney. Usually the home is exempt while the person is living and if the state will seek to recover all or part of the benefit received it will do this after the person dies. If you do sell the house before she goes into assisted living it could cause you considerable problems.
Answered on May 29th, 2013 at 9:37 PM
Sanford M. Martin
If your basic question involves the Medicaid eligibility of your mother and the effect of such eligibility on her assets, you need to analyze her financial resources and discuss it with someone who understands Medicaid in Florida.? If she is joint owner of a residence which is deemed to be her homestead, it will not affect her eligibility. Her monthly income and liquid assets, such as bank accounts, will definitely affect her qualifications and determine how much she may have to give up to meet current standards. If she has more than $2k in assets besides her home and income each month exceeds the standard, although if she qualifies for SSI, she should have no problem meeting standards. Review the process and qualification online, obtain application forms, and with a POA represent her in the application process. Medicaid does not take all assets but they will demand a ceiling to her assets and income in order for her to qualify. Advise your brother to sell the house if she no longer needs to reside there.
Answered on May 29th, 2013 at 9:19 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Contact an attorney about medicaid and estate planning.
Answered on May 29th, 2013 at 9:16 PM