QUESTION

How will I handle my Dad's primary residents?

Asked on Aug 12th, 2013 on Estate Planning - Rhode Island
More details to this question:
I have a question on my dadโ€™s primary residents. He went into a living assistance about a year ago and now wants to sell his primary residents to us for $60,000 it needs some work electric, roof and new floor. If it were listed for sale, it would have to be listed for hunting land, as the well would not meet state. We would buy it for a cottage weekend getaway. Since he is in assisted living at the time of sale and on Medicare could the state come back after us because it was not sold at fair market value? When I looked up the property taxes, it has his and my momโ€™s name who passed in 2010 and then it says in trust.
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8 ANSWERS

Probate Attorney serving Roseville, CA
Partner at James Law Group
2 Awards
Yes Medi Cal can come back after you during the look back period if the house is sold to family for under fair market value. Meet with an estate planning attorney to see what the best options are for your family.
Answered on Aug 14th, 2013 at 7:51 PM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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More information is needed. What IS the fair market value of the property? What are your father's other assets and what is his income? If he has sufficient resources to pay for his own care for the next five years, you can transfer the property at no price, (your father can give it to you, in other words), and the state would not be able to do anything about it. I would need to know what the $60k represents and why that price was selected. I would also need to know your father's current medical condition. Does he have capacity to enter into this kind of transaction or is he incapacitated? Finally, I would make sure that your father's remaining estate planning is in order.
Answered on Aug 14th, 2013 at 7:28 PM

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Probate Attorney serving Las Vegas, NV
3 Awards
You need to speak with an elder law attorney. There are lots of issues and possibility of loss of benefits by your father. Find a qualified attorney where your father resides to assist you in deterring options and evaluating the situation. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Aug 14th, 2013 at 7:21 PM

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Since the contemplated sale would impact upon your father's benefits you should consult an attorney to review all of the facts and advise you of the consequences of such a sale for both parties.
Answered on Aug 14th, 2013 at 3:54 PM

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Thomas Edward Gates
You need to see if the house is in a Trust, this will determine what you can do with it. There could be an issue on fair market value, so get several appraisals or use Zillow. Your biggest concern should be the lost of Medicare because of the money he will receive.
Answered on Aug 14th, 2013 at 2:07 PM

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So, your Dad is on Medicaid, not Medicare; Medicare only pays for rehabilitation, not long-term care, and Medicare is not needs based. Anyway, document that you are buying the property for fair market value; get the opinion of a realtor on what it would sell for on the open market, if not a full appraisal. If the assessor's value is higher, talk to the assessor about when it was last actually appraised for taxes. Of course, once your Dad sells the property to you, that money will be paid to the state to the extent that he already owes for Medicaid advanced, if any is left, he will be disqualified from Medicaid. Talk to them about prepaying if that's the case. The property may be in trust; you would need a copy of the trust agreement. If your Dad is still trustee he could sell to you, probably you should create and file with the deed a Certification and Memorandum of Trust showing that Dad is the surviving trustee.
Answered on Aug 14th, 2013 at 2:06 PM

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Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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Medicare does not care what he does with his assets. Medi-Cal does. Go ahead and buy it. Be sure to check the Trust and make sure you're handling everything in accordance with that.
Answered on Aug 14th, 2013 at 2:05 PM

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Probate Attorney serving East Greenwich, RI at Kristen Carron, LLC
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Generally, when a primary residence of someone who is on Medicaid is sold, the money that the resident gets will disqualify them from Medicaid benefits for some period of time. So if your father sells his house to you and your siblings, he will most likely be disqualified from receiving Medicaid benefits. How long he will be disqualified from Medicaid is hard to say without more information.
Answered on Aug 14th, 2013 at 2:05 PM

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