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When did the transfer of the title occur? If it was within 5 years from the date she applies to Medicaid .... then yes, Medicaid may well have a claim on the house,
if the children were her livein caregivers for the preceeding 2 years, then the house is protected until the caregiver shildren either die or sell the house...then the proceeds can be taken by medicaid
as for the nursing home. Is she self pay? Is she Medicaid?
Is your mom on the title too or is the ownership just 50/50 you and your brother? If mom doesn't have an ownership interest (legally speaking) then I don't think you have to worry about Medicaid leans, if she is 1/3 owner then they might put a lien on it for 1/3 of the proceeds once the house is sold but I don't think they can or will attempt to force a sale or move you out. You had your interest well before any 5 year look back too so no issues there either. I think you are protected as far as being able to live there as long as you want and neither you or your brother should loose your share of sale proceeds when and if you decide to do that.
I just received recovery info for my Moms estate. A lien is not put on the house until Mom passes. There is a part that says if a family member/s have lived in that house for a while and its their primary residence and was the Medicare recipients primary residence then they can continue to live there until their deaths or sale of the house. At which time the lien will need to be paid. There's a little more but thats basic info.
Now your problem is you own it too. Hopefully Medicaid was made aware of that at time of application. So this is a little different. At Moms passing I would think a lien would be put on her 3rd of the house. You can still live there but if you sell, I would think her share of the profits would go to Medicaid. This is a very good question to ask Medicaid and get back to us on what you found.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
if the children were her livein caregivers for the preceeding 2 years, then the house is protected until the caregiver shildren either die or sell the house...then the proceeds can be taken by medicaid
as for the nursing home. Is she self pay? Is she Medicaid?
it all hinges on when the transfer occurred.
Now your problem is you own it too. Hopefully Medicaid was made aware of that at time of application. So this is a little different. At Moms passing I would think a lien would be put on her 3rd of the house. You can still live there but if you sell, I would think her share of the profits would go to Medicaid. This is a very good question to ask Medicaid and get back to us on what you found.