bobski
Hunter
can a hospital and or a nursing home put a lean on an elderlies home for debt...IF the home is NOT all in their name? case in point, my mom has life use of MY home that's in our names.
destitute laws
- Thread starter bobski
- Start date
coach
Hunter
Sounds like a question for a lawyer practicing in your state.
Pat-inCO
Hawkeye
While you are into the research . . . . look into "Quit Claim" deeds.
In CO it needed to be . . two years . . before the fact.
In CO it needed to be . . two years . . before the fact.
bobski said:
You need a lawyer specializing in elder law.
My experience (NOT as a lawyer) is that in IL and MO, the answer to your question is no.
However, if your mother transferred the property to your name and then entered a nursing home ..... the transfer must have been at least 5 years ago.
What's more, I believe that 5 year rule may be enforced by the Medicaid or Medicare rules.
Again, you really need to consult with an attorney.
OP
bobski
Hunter
property was transferred in 2005. lawyer wrote up all the QCD's.
Not a lawyer (obviously) but my gut reaction is that if she has life use of your home that's in your name all that means is that she can live there until she dies. As far as I know, that doesn't give her any right to refi or sell the home or get any loans based on the house. It kind of sound like when Heffner sold the Playboy Mansion he sold it with a clause that he could live there until he died. He had no right to sell it out from under the buyers to someone else. Basically all you've given her is free rent for life, you didn't give her the house. That's my uneducated guess anyway.
bobski said:
Excellent! Good for you. You're in the vast minority.
mike7mm08
Buckeye
My parents had major medical bills that despite best intentions were never going to be paid. Did lots of research on the topic of leans.They can only put leans on assets. An asset is something that has or can be converted to liquid cash value. There are limitations on what assets they can put a lean on. An agreement to live somewhere is not an asset.
From what little I know there is a certain amount of time any property or access need to be transferred... I suspect it is different in various states. You did write, " the home is Not all in their name." That sounds to me like they still own part of it.... that could be different.
As others said, what we discuss here don't mean diddle... you need a lawyer.
As others said, what we discuss here don't mean diddle... you need a lawyer.
I hope for your sake that you find a qualified attorney and not rely upon well meaning, but possibly incorrect advice offered on this online forum. Generally advice is worth what you pay for it, and when you get it for free, ......
That all said, I was a Nursing Home Administrator for many years before I retired. There were various circumstances whereby the State could go after a home that was protected from earlier seizure because an eligible spouse was still in the home. Without a spouse still living in the house, the State would likely deny Medicaid eligibility because the individual has sufficient means to pay for their own care (by selling the house). If there is a spouse still in the home, and then that spouse pre deceases the nursing home resident (who was being funded under the Medicaid program), the state could attempt to seize the home and sell it as reimbursement for the State's costs in providing nursing home care for the resident. Some might think that this is cruel and uncaring since that elderly nursing home resident had hoped to pass the home on to their heirs after their own death, but such a seizure is not as immoral as it might first seem. Why should the taxpayers be funding the care of someone in a nursing home when they have the ability to convert their own assets into cash and to pay for the care? Why should someone be able to pass assets on to their heirs while making other taxpayers pay the cost of their residential and medical care? In actual practice this rarely took place, in some cases due to government ineptitude and in many more cases because the politicians preferred to forego the value of those homes rather than suffer the negative publicity of this practice.
That all said, I was a Nursing Home Administrator for many years before I retired. There were various circumstances whereby the State could go after a home that was protected from earlier seizure because an eligible spouse was still in the home. Without a spouse still living in the house, the State would likely deny Medicaid eligibility because the individual has sufficient means to pay for their own care (by selling the house). If there is a spouse still in the home, and then that spouse pre deceases the nursing home resident (who was being funded under the Medicaid program), the state could attempt to seize the home and sell it as reimbursement for the State's costs in providing nursing home care for the resident. Some might think that this is cruel and uncaring since that elderly nursing home resident had hoped to pass the home on to their heirs after their own death, but such a seizure is not as immoral as it might first seem. Why should the taxpayers be funding the care of someone in a nursing home when they have the ability to convert their own assets into cash and to pay for the care? Why should someone be able to pass assets on to their heirs while making other taxpayers pay the cost of their residential and medical care? In actual practice this rarely took place, in some cases due to government ineptitude and in many more cases because the politicians preferred to forego the value of those homes rather than suffer the negative publicity of this practice.
OP
bobski
Hunter
my father died in 2006. house was given to me in 2004. all it says on deed is (my name and (mom)/(life use) she has a checking account. thats all she has as far as assets. and all it does is act as a depository for her ssn check. 1/2 of that account is in my name too.
john guedry
Single-Sixer
Was told by Medicare / Medicaid person: choose a lawyer carefully as most are NOT knowledgeable about Medicaid / Medicare rules and regulations.
