Will Medicaid Take My House?

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America's Estate Planning Lawyers

America's Estate Planning Lawyers

Күн бұрын

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@bizzirker
@bizzirker 2 жыл бұрын
These are truly things we shouldn't have to worry about
@loft006
@loft006 2 жыл бұрын
i am trying trying to keep my dead mothers house. Washington county Mn wants to be paid back for the medical assistance my mother received. Its been 8 years since she died and home is still in probate and I have been living here prior to my mothers death. Originally they wanted $120,000 and the house isn't even worth that much. I asked the county attorney for a copy of the medical bills that the county paid for. All of a sudden the debt was reduced to $70,000. That tells me that they were over billing big time. I am still trying to fight this. I know there are 3 ways to keep the home but I am not an underage blind child of my mother. I did provide care for my mother that kept her out of a nursing home which is my next motion to dismiss though. The 3rd way is to claim that losing the home will cause you undue hardship. Like if your income is solely created by the family farm and losing it will cause you to lose that income. I asked 15 probate lawyers and a couple of real-estate attorneys and they could not even answer some basic questions about medical assistance recovery but they want over $8000 to represent me. So far on my own I have gotten $50,000 reduced just by challenging the validity of the debt.
@vallang4832
@vallang4832 6 ай бұрын
You need to see an elder law attorney
@GottaLottaToys
@GottaLottaToys 4 ай бұрын
Is there a mortgage on the house?
@loft006
@loft006 4 ай бұрын
@@GottaLottaToys Yes there is a $60,000 mortgage that I am paying monthly. The county has decided to not force a sale as long as I stay living in the home. My point was that the Medical Assistants recovery is not something talked about. There is a three year look back so even if my mother had transferred the deed to me prior to her death, the house would still be responsible for the old medical bills. The mortgage is still in my dead mothers name. I basically never told the mortgage company that she died and they never asked as to why i am paying it.
@loft006
@loft006 4 ай бұрын
@@vallang4832 I talked to Elder Law. They only had answers as to how to avoid Medical Assistance Recovery prior to death. They told me that there is nothing I can do to avoid the sale of the house to repay Medical Assistance, They were wrong. I not only stopped the sale of the house, I also was able to reduce what was owed by $50,000 which everyone said i wouldnt be able to do also. A lawyer would have cost over $10,000 and the ones i talked to didnt even know what I did could be done. Problem is that they could change their mind at anytime and make me sell.
@GottaLottaToys
@GottaLottaToys 4 ай бұрын
@@loft006 It seems like your mother didn't have a MAPT setup before her passing. It also looks like you were on top of things and were very motivated to keep the home. The only thing is if the mortgage starts getting paid down you will likely want to own it outright. I'm sorry about your loss, but happy the greedy medical industry isn't getting her home.
@rayzimmerman2242
@rayzimmerman2242 7 ай бұрын
Can you address what happens if the elderly person does NOT go into a nursing home; stays at home, receives in home nursing care/nurse aid care at home THRU MEDICAID, then passes away. Are we again going to deal with MEDICAID RECOVERY efforts, or are the MEDICAID RECOVERY efforts limited only to MEDICAID payments for NURSING HOME CARE?
@davidhefner5668
@davidhefner5668 3 жыл бұрын
You buy a house and end up paying through mortgage interest three times the initial value of the home. The bank gets 3% for service the loan which remains 97% goes to the government. Then when you die they take your house after you you paid into Medicare/Medicaid for 40 years from you paycheck.
@1destinySS
@1destinySS 3 жыл бұрын
The biggest piece of advice is speak with an elder estate attorney sooner than later. Most will give you a free consult to start. Do not sell, gift or sign anything over to anyone before getting the attorney's advice. Medicaid has the 5 year look back period and that is full of rules and traps designed to prevent your loved one from qualifying. If you have done any of those things incorrectly you will be penalized and not be able to get care. Proceed with caution. A few bucks spent with the attorney can save your loved one thousands.
@joantaylor468
@joantaylor468 3 жыл бұрын
It looks like you shouldn't close any bank accounts either.
@Jeanninecomeau
@Jeanninecomeau 4 ай бұрын
Anyone just hearing about this and is completely panicked.
@joyanderson8646
@joyanderson8646 3 жыл бұрын
YES they can!!!! They didn't tell us (the children) about this either!!! So we thought the home had been paid off, it was but my Daddy turned around & got a HELOC loan.When Mama died 1&1/2 yrs later we found this out & she was 3 most behind on that loan. I became executrix of the estate & went thru HELL to get my , brother & son's inheritance!!! The mortgage co got theirs off the top, then Medicaid, then lawyer now us....🤔🤔🤔I refuse to be on Medicaid, Medicaid for this very reason they make you become backrupt in order to enroll & they don't pay everything. Enroll in long term care & get life insurance, IRA, etc so your lived ones can get what you left them.
@alexjandick2712
@alexjandick2712 2 жыл бұрын
Medicare regulations can be really difficult to understand. Thank you for making it easier!
@HB-yq8gy
@HB-yq8gy Жыл бұрын
Paul is spot on but, estate planning is always changing the rules you plan today years later your plans has holes?
@AndreaS-r9n
@AndreaS-r9n 7 ай бұрын
You rock! Getting down to the juicy details. Thanks for the research and logical presentation
@donnaallgaier-lamberti3933
@donnaallgaier-lamberti3933 3 ай бұрын
I live in Michigan. I have a living trust (written in 2018 so we have met the 5-year lookback) in which our condo and remaining assets are being held. 'They never told me" unfortunately, DOES NOT WORK...- you had better do the research and become empowered to the law of your state. Or, hire a lawyer who understands the law.
@gloriaadu5485
@gloriaadu5485 3 жыл бұрын
Thank you i am so happy i found show tonight , i have a home and i just did not think about this i am in my seventy and this info never come up thanks
@sweetsperfection860
@sweetsperfection860 3 жыл бұрын
Thanks for sharing. Can spouse sell property without any penalty?
@williamsaloka9043
@williamsaloka9043 Жыл бұрын
My Mother died in a long-term facility after suffering Catastrophic stroke. She was there for 4 1/2 years. My parents owned their home(their only asset except for a worthless old car). After Mom died, Dad couldn't function very well(2 previous small strokes) so my Wife and I moved into said home to help him. I was P.O.A. From what we (not Dad!) understood, he could stay in the house as long as he lived, but could not sell it. After approx. 1year, My Sister and Br.in Law(who live across the country) decided they wanted to "help". They said that they would take him for a time to give my Wife and I some relief. They convinced my Father to switch P.O.A. to my Brother in Law, "while he was there" (AZ.)... Long story short. After a year of hell with them, with constant harassment and almost weekly visits to my Attorney, Dad signed the House over to my Sister. We moved. I warned them that it would not be a good idea to sell it because of Medicaid policies. They thought that was a joke, and would do as they pleased. Sister sold the house(Pennsylvania) this past July 2022 for 170K. We have not had any contact with them since March 2022. I always knew that I would have trouble with them if/when this kind of situation would arise. How they did it though, was stunning and very underhanded. When Dad passes(he's 82, and not in very good health) WHAT could I/THEY EXPECT? SORRY SO LONG...
@katherineg.7427
@katherineg.7427 3 жыл бұрын
You also have to repay medicaid for additional medical bills due to a lawsuit settlement if you are already on medicaid, plus attorney fees.
@mcse-nv2ou
@mcse-nv2ou 3 жыл бұрын
thx wondering how much legal fees will be to do this
@mikeallday2940
@mikeallday2940 Жыл бұрын
Unfortunately I am dealing with this currently, The State of MI is filed suit against me as the personal representative of my Moms estate. We lost her last March, I have lived in the house for over 10years the last 4 taking care of my Mother with alzhiemers/dementia! Now I am fighting a battle I don't have no clue if its even possible to win but I have a family myself and this is my only asset! My mom did have a will leaving the house to me. Please help 🙏
@virginialangford6257
@virginialangford6257 Жыл бұрын
You are not owed an inheritance. The house isn’t your asset! Why should you get your mothers assets while the tax payer pays your mothers bills. Do you want to be left responsible for my mothers medical bills so I can enjoy her home?
@loft006
@loft006 4 ай бұрын
Tell them that you want to see the bill, every item that they want paid back should be listed. Some items may have been paid through other programs as my mothers bill was and they knocked off $50,000. There may be a statue of limitations where as some of the debt they say is owed to them might be too old. You can also make them an offer much lower then the bill is. You dont need an attorney to do it but it might be best if you get one and tell them this stuff. Dont assume they know what to do. Most dont.
@MP57719
@MP57719 14 күн бұрын
What about surplus funds left over after the foreclosure sale of a home and the owner is in medicaid? No trust set up.
@davidhefner5668
@davidhefner5668 3 жыл бұрын
Medical insurance is tax deductible. But if you can't affford insurance they take your house. Over a period of time you use your Medicaid benefits. Each time you do they take a chunk of your house. You are basically paying your medical Medicaid benefit through the loss of your assets. Is this loss considered tax deductible throughout your living years?
@rgawt1870
@rgawt1870 11 ай бұрын
My mom is on medicaid and she lives and owns a mobile home that has been paid off like 20 + years ago. She is so concerned about the government taking her home when she passes. She find out because some of her friends that have died their homes were taken away from family members. Do mobile homes apply too? Anyone? Thanks 🙏
@dennis3351
@dennis3351 Жыл бұрын
What if I came up with the cash rather than they go after the home?
@adoseofreality8301
@adoseofreality8301 3 жыл бұрын
Can I avoid probate with just a regular life estate deed as well? Not an enhanced deed but just a regular life estate deed? Thank you
@sunnytraveler290
@sunnytraveler290 3 жыл бұрын
Excellent video. Great information.
@marymilham1174
@marymilham1174 3 жыл бұрын
My father in law was on Medicaid and in a nursing home when he died. After he died, She made a reverse mortgage to supplement her low SS check. Less than one month ago she received 40, 000 life insurance policy from her daughters recent death. Last week she had a stoke and it looks like she will go to a nursing home when she leaves rehab. What is going to happen to the home and to Medicaid reimbursement from the estate?
@michaelflinn2791
@michaelflinn2791 3 жыл бұрын
I'll croak in my house before I go in a nursing home.
@1destinySS
@1destinySS 3 жыл бұрын
We ALL say that. May the Lord be on your side. However, you've got to plan just in case!!! You could stroke out or have an aneurysm and lose all your communication faculties and mobility or part bodily functions and go into rehab facility and be stuck there for the rest of your days.
@Suz9006
@Suz9006 3 жыл бұрын
Medicaid can include home health services they provide.
@Endoptic
@Endoptic 3 жыл бұрын
@@Suz9006 Only if you directly qualify, not with "spend down". Basically, only if you're poor enough up front.
@SandfordSmythe
@SandfordSmythe 3 жыл бұрын
@@Endoptic How about existing Medicaid expansion coverage? If you want a headache from the existing media sources, you can try to explore this whole area including nursing home coverage. The only thing I learned is you can't have Medicaid expansion if you have Medicare.
@Endoptic
@Endoptic 3 жыл бұрын
@@SandfordSmythe Wrong state. I was talking about nursing home coverage specifically. You HAVE to be poor for anything outside of nursing home care from Medicaid. There isn't even "spend down" for ANYTHING short of being admitted for requiring dedicated medical care. Only poor can get in home stuff or assisted/independent living without paying it all. Even California's got spend down. Their only special claim is shorter "look back" period for giving away assets and income.
@qstrian
@qstrian 6 ай бұрын
Yes, Sir, I’ll have another.
@devinwaggoner702
@devinwaggoner702 Жыл бұрын
Paul, my dad is 83 years old. Mom is deceased. Dad's house is worth around 175K. Dad has signed what the attorney who did his estate papers calls a transfer on death deed to me for the house. Now, I am a disabled individual. I drew SSI many years ago while in college, but work 40 hrs a week for social security disability. My understanding is that, at least in Oklahoma, where we live, there is a law --- admin code 317:35-17-10, which might allow me to keep the house if he ever has to be in long term care. I know you practice in Louisiana, but is there anything you can tell me about this? Our estate attorney says he would argue that since I would be eligible again to draw disability if I lost my job it could work in my favor.
@davidpatton7298
@davidpatton7298 3 жыл бұрын
You, sir, are a ginourmous blessing.
@happyg.444
@happyg.444 4 жыл бұрын
I wish I has seen this video before now. It has caused a lot of family hardship. I am going through this with my brothers death in June. A will doesn't even help. I am in the process of becoming the executor. I now see there is no sense in it. Ohio by the way. House is appraised at 65,000.00. What is your advice?
@leeanncornell8305
@leeanncornell8305 3 жыл бұрын
Going through that without will or life insurance. Ugh
@loft006
@loft006 2 жыл бұрын
Challenge the validity of the debt. I did and they reduced it by $50,000. They always overbill. Some medical bills you do not have to pay but the state or federal government put it on the bill anyway. Challenge it! You are allowed to negotiate to reduce the money to be paid back as well.
@CandycaneBeyond
@CandycaneBeyond 7 ай бұрын
Is there a difference between being in the hospital versus being in a nursing home an owing money?
@seamoscomplices
@seamoscomplices Жыл бұрын
As a person who doesn't know much English, I signed everything, here in Arizona it's called ACCES and although there have been about 7 medical consultations, about 3 blood tests, colon cancer tests, now I'm scared thinking about the two houses that are in my name and they are for my two children and also that they are paying for these houses using the money from their work, they are going to take them away. Could that bill be paid before I die? I don't want my children to have problems when I die
@دختآریائی
@دختآریائی Жыл бұрын
Thanks a lot for all the information. I live in Rock Hill SC. My question is if you have medicade but never been in nursing home do my home still goes to government for reimbursement after I am dead?
@Jeanninecomeau
@Jeanninecomeau 4 ай бұрын
It is underhanded to just not tell you though.
@maxstone776
@maxstone776 3 жыл бұрын
I would NEVER put my parents in a nursing home, let alone pay them $8000 per month. I would take care of my parents just as they took care of me when I was growing up, and keep the DAMN government out of my family affairs.
@brianhill4995
@brianhill4995 3 жыл бұрын
Yes we all will say that and try our best but unfortunately it’s not that easy to take care of them depending on their needs. Best thing is to lawyer up for their care. My mother has Alzheimer’s and this is a terrible disease. It very difficult to manage a parent at home while working and providing for your family. We tried our best with home care but this puts much stress on a marriage, family and safety. I recommend searching for a assisted care facility and do your research before it becomes a needed emergency. I do not want to burden my children if I become disabled but yes expect my children to at least visit and check on me when it’s my time.
@simpleman283
@simpleman283 3 жыл бұрын
That is what I'm doing right now. I saw the comment below and let me tell you I made plans to do this way before it was time. I built a small home when I was young. I got it paid off ASAP. I don't have much but I am debt free. That will be the key to being able to help when the time comes. I live with my parents and they pay for my food and utilities. I rent out my small home so I have some spending money. You can do it but it will take some planning. My Moma always told me growing up, Don't put me in a nursing home. I have given up a lot but I have so much joy knowing I'm helping the most important people in my life.
@VelveteenRabbit77
@VelveteenRabbit77 2 жыл бұрын
The problem is that you can’t stay awake around the clock. If you need to be awake all nite, all day, and all afternoon what do you do?? Plus a lot of people can’t quit their job.
@solitairemorales4392
@solitairemorales4392 2 жыл бұрын
sometimes the care of so high you can do it at home also i work full time
@markaubuchon2227
@markaubuchon2227 2 жыл бұрын
Well get ready to quit your job and work full time feeding, washing and caring for them.
@AlexGarcia-ur4hj
@AlexGarcia-ur4hj 2 жыл бұрын
Hello there I'd like to ask a question. My grand parents have always lived with us. The property used to belong to my father it now belongs to me. However my grandparents are in medicaid right now. Would that affect me? Or the property in the future?
@ltruong571061
@ltruong571061 3 ай бұрын
I purchase the house from my mom in 2017 and added her name on the deed (quitclaim deed) but her name is not on the mortgage (property title) can the medicaid estate recovery come after the house?
@sam10818
@sam10818 10 ай бұрын
If we get only medical insurance and not the long term benefits like nursing home care, in-home care from the state, does that make our assets subject to recovery?
@patrickflohe7427
@patrickflohe7427 3 жыл бұрын
Paul, I’m legally separated from my wife, who filed for divorce from me over two years ago. She recently went into a nursing home “memory care unit” (Alzheimer’s). Could the house still be attached to some Medicaid debt? I’m guessing that with her assets, she cannot qualify for Medicaid, but it’ll be coming I suppose. I’m worried what could happen. I fear that none of her assets will remain for the (grown) kids, when she dies.
@loft006
@loft006 2 жыл бұрын
You need to move back into the home ..and remarry her immediately. Try to avoid probate if possible. Have her sign a quit claim deed and put home in your name or a childs name. Then have them sign a quit claim deed and have home transfer to someone else. Or get her out of the nursing home and take care of her and claim that you saved the state money by taking care of her yourself(caregiver). Pay the mortgage payments and you can claim that you have an equity interest in the home. I am no lawyer but I am going through this crap myself. Contact the OBUDSMAN or SO-CAL organizations. AARP can help as well to find out what to do to protect the home while your ex is still alive because after she passes it is very hard to save the home.
@donnabauerofbrilliancebyde1178
@donnabauerofbrilliancebyde1178 2 жыл бұрын
Can they take my mobile home that is only worth 2000 dollars, if I am on medicaid but no nursing home.
@tessylouella
@tessylouella 2 ай бұрын
I have a question, my father passed away in May this year and had refused previously to transfer his home to any of his surviving childrens names or open an estate acct. . The house is gone into probate and I was wondering if I have to sell the house and all vehicles and put it all into his estate account and then, because they were on Medicaid and Medicaid spent a lot of money on the two of them within the last four years, Medicaid just takes all the money? I have to do all of the work and Medicaid just waits around until I sell the property and put it into the estate acct and then they take it all. It’s crazy! How can I sell the house if Medicaid puts a lien on it? I’m confused
@terriec808
@terriec808 11 ай бұрын
What if my mother has a reverse mortgage?
@xStitcher
@xStitcher 3 жыл бұрын
This is different from Medicare correct?
@patriciaramirez3139
@patriciaramirez3139 3 жыл бұрын
So how do I go about getting a grantor trust? What does a grantor trust contain? Who is included in the grantor trust? Is the grantor trust revocable? Please advice.
@ishmiel21
@ishmiel21 2 жыл бұрын
This was great. I waish there was one of these for Washington state. Lots of useful information in here anyway though. Thanks.
@oswaldogalindo9549
@oswaldogalindo9549 3 жыл бұрын
It is really hard to understand the regulations of medicare, I was disabled in 2015 and get my Medicare Benefits in 2017. Then I recived a letter the next year ,they said that Medicare has to taking some percent of the value of my home when I'll die because the expenses of my medical costs. How much my sons will to paying for it at the moment to sell ? I don't know. I think at moment the cost of my home less than $125.000.
@SandfordSmythe
@SandfordSmythe 3 жыл бұрын
Probably this is Medicaid, and some states will require recovery of medical expenses for non-nursing home expenses.
@lorilore3516
@lorilore3516 3 жыл бұрын
Medicade
@noelc2
@noelc2 9 ай бұрын
Medicare does not recover, you’ve paid into it. Are you talking about Medicaid?
@WealthwithRentals
@WealthwithRentals 4 жыл бұрын
Thank you very much for the great content! I have a question, would Medicaid also take your rental properties too along with your primary house?
@SandfordSmythe
@SandfordSmythe 3 жыл бұрын
Maybe even before you are approved
@noracarvalho8323
@noracarvalho8323 3 жыл бұрын
@@SandfordSmythe 🤣😂
@leeanncornell8305
@leeanncornell8305 3 жыл бұрын
Going nuts trying to figure this out for Mom. She has dementia
@stacieboucher1570
@stacieboucher1570 Жыл бұрын
Yes, the rental property’s are assets! Lucky we can keep our house😢
@virginialangford6257
@virginialangford6257 Жыл бұрын
If you own rental units that is an asset…no one should pay your medical bills if you have assets that can be sold to pay them.
@ginniegiesen992
@ginniegiesen992 4 жыл бұрын
I can’t thank you enough for taking the time to make these videos! I have a question. In the event that nothing is done ahead of time and both spouses go into a nursing home will the heirs be forced to sell the home or will Medicaid just place a lien on the home? We are to inherit my husbands grandparents home and we would like to avoid it being sold. Is there a way this be avoided if Medicaid is owed funds for their care? I understand it could change things if we live in it now (before their passing). Is that true?
@lindarainey9246
@lindarainey9246 4 ай бұрын
What abt life insurance
@kmac4331
@kmac4331 4 жыл бұрын
What would happen if the parents had a disable child? Would the state still take the house? That might be a good video to do.
@americasestateplanninglawy1946
@americasestateplanninglawy1946 4 жыл бұрын
Good suggestion. I’m putting the topic on my short list. Thanks. 👍
@Mariaortiz-ec5kt
@Mariaortiz-ec5kt 3 жыл бұрын
They will let him live there until he passes on .but you still can’t sell it after he dies .
@ritatharp5238
@ritatharp5238 3 жыл бұрын
Thank you for sharing! Get good help is key. 👍
@joantaylor468
@joantaylor468 3 жыл бұрын
How about "Burial" insurance?
@misslinda772
@misslinda772 Жыл бұрын
What about the people who were on Medicaid but didn’t go into nursing care? Will they still have to pay it back?
@SandfordSmythe
@SandfordSmythe 11 ай бұрын
Depends on the state.
@joyharring6354
@joyharring6354 9 ай бұрын
how about New York state?
@Jeanninecomeau
@Jeanninecomeau 4 ай бұрын
I have an adult son with disabilities as a joint tenant.
@marynapper3685
@marynapper3685 3 жыл бұрын
Helpful, I have been wondering about that thank you for your help 🙏😊🙂
@polachelliot91
@polachelliot91 Жыл бұрын
Are HCBS funds for Medicaid waived participants receiving those benefits as a disabled adult child who isn't elderly also recoverable the same way they are in traditional LTCF situations?
@jaimeperez1018
@jaimeperez1018 Жыл бұрын
What if you sell home before a person goes into nursing home? If the funds are used for a nursing home will medicaid try to recover from survivors after death of institutionalized individual since there is nothing left in estate.
@bynjoe2000
@bynjoe2000 3 жыл бұрын
My mother is a US senior citizen and has Medicaid. I want to buy her a house outside the country in her name. Does this affect her illegibility? Do you think she will lose her benefits?
@Mariaortiz-ec5kt
@Mariaortiz-ec5kt 3 жыл бұрын
Co-worker told me her parents tried to sell their home after receiving ssi and they told them that they couldn’t sell the house .they are able to live there until both die .if the kids want the house they have to pay the bill of both parents first.
@SandfordSmythe
@SandfordSmythe 3 жыл бұрын
Be aware that in some states, that you personally can be held liable for nursing home costs if you actively commit Medicaid fraud in helping your mother. This is under under the ancient Familial Obligation laws.
@efrainl956
@efrainl956 3 жыл бұрын
As a United States citizen, yes, it will affect her. If she was a dual citizen of that other country, she might get away with it, I repeat, “might”. I’m not a legal or financial advisor.
@vickimerritt2832
@vickimerritt2832 10 ай бұрын
fraud by claiming eglibility by transferring land value to their son
@elinoreberkley1643
@elinoreberkley1643 2 жыл бұрын
of for and by the people?
@mathewhephill8686
@mathewhephill8686 3 жыл бұрын
Thank you .for your help.
@carolwong9279
@carolwong9279 3 ай бұрын
Can you do an update for 2024?
@alanthomas6438
@alanthomas6438 2 жыл бұрын
YHEY JUST SAID U QUALIFY FOR MDECAID , NEVER SIGNED UP FOR IT
@itguru2037
@itguru2037 2 ай бұрын
House is not counted.
@rhondachristensen8619
@rhondachristensen8619 2 жыл бұрын
Isn't there certain areas, that protect against this !? I live in Bangor, pa. In Northampton County, I attended a financial seminar here in pa.that stated this section, was " protected " in nursing home care, there was a term they used ..
@rachelgibson1858
@rachelgibson1858 3 жыл бұрын
So moral of the story is...Don't apply for medicaid to pay for your care.
@leeanncornell8305
@leeanncornell8305 3 жыл бұрын
I applied for it to get help with her at my home. Beginning to think it was a bad I.
@portagepete1
@portagepete1 Жыл бұрын
@@leeanncornell8305 Opt out of medicaid so the state dosn't steal the house.
@lindainscho5064
@lindainscho5064 Жыл бұрын
I bought a house with my Son so can Medicare take it away from him? I just filed Bankruptcy .😊😊😊😊
@lindainscho5064
@lindainscho5064 Жыл бұрын
That’s if I Die?
@rachelgibson1858
@rachelgibson1858 Жыл бұрын
@Linda Inscho If his name is on the title than you should be fine. If you pass he will still be a titled owner.
@michellehamilton4075
@michellehamilton4075 3 жыл бұрын
Thank you!
@sinebar
@sinebar 3 жыл бұрын
What about medicare? Same rules apply?
@noelc2
@noelc2 9 ай бұрын
Medicare is a federal program: Medicare does not pay for nursing home care, except for limited recovery situations. Medicare pays for the 1st 20 days if you’ve stayed in the hospital for 3 days. Then you pay a co-pay day 21-100 of about $200/day & they pay the rest. Day 101 they pay nothing & you are on your own. Here’s a scenario: You have a mini stroke (TIA), are hospitalized for a few days & then need rehab to gain back your speech or muscle strength. Medicare will cover those 3 or so weeks in a skilled nursing facility, then you pay copays til you go home. Scenario 2: Your loved one has dementia & needs 24 hr facility care in a nursing home. Medicare pays nothing. Medicaid is a state program based on income, and some low income seniors qualify for both Medicaid AND Medicare at the same time. Medicaid is different: Medicaid will pay for nursing home costs if your income qualifies, but like the video is explaining, they want that $$ back out of your home when you pass. They may let your in home spouse keep the house til they also pass, but your kids are not getting your home.
@LanaUSA212
@LanaUSA212 3 жыл бұрын
It's wise for eldey parents to transfer all of their assets to their children in advance , before they need a nursing home services . Or sell the house ahead of time and use the money to pop ayy of your house and then have your parents live with you or rent them a home
@lt2339
@lt2339 3 жыл бұрын
Thank you.
@lynnschmidt8421
@lynnschmidt8421 2 жыл бұрын
Does irrevocable trust really stop medicaid from putting a lean on your home, if the owner dies?
@skeezix8156
@skeezix8156 Жыл бұрын
If you put it in your children’s name before the five year recovery look back then they actually own it. The risks are they get divorced or sued for being at fault of an auto accident. Just examples of how you could also lose your home with an irrevocable trust. There’s risk reward in all the moves
@lynnschmidt8421
@lynnschmidt8421 Жыл бұрын
@@skeezix8156 can I get my home back and decide to sell it. What would be the outcome!?
@skeezix8156
@skeezix8156 Жыл бұрын
@@lynnschmidt8421 from what I’ve read you would need permission from the beneficiaries to do anything with it. This would include a visit to an attorneys office to do so, the next stop is a courtroom where a decision is made. Irrevocables aren’t very flexible. It’s all very tough decisions but better than doing nothing which I’m seeing first hand with a parent. She only has a Will, that’s it. She’s on the doorstep of a home, going to pay out of pocket until she’s out of money then apply for Medicaid when the time comes. Just remember whatever you do should be done well before a five year look back period from Medicaid.
@lynnschmidt8421
@lynnschmidt8421 Жыл бұрын
@@skeezix8156 first of all I've had 3 trustees. I or my trust purchased my home through the trust. My assets are very low ($16,000) in cash and my home I bought with my inheritance. When this attorney took my case he was suppose to weigh out what money I had and at that time only $194,000 the home cost $125,000. Should he had looked at the 10 to 15 percent of the assets? He didn't, they he blamed me wrote alot of bad comments in my email. He won't communicate, his in the hospital alot. I Don't want him as my trustee any longer. What can i do? Lynn
@skeezix8156
@skeezix8156 Жыл бұрын
@@lynnschmidt8421 oh gosh, removal of the the trustee would be based on the terms of the trust agreement and your state law. If I understand right, your attorney is the trustee?
@Omikoshi78
@Omikoshi78 3 жыл бұрын
Nursing home is my boogeyman. Is having at-least 3 million invested with 4% annual withdrawal (fire principal) a viable strategy to not get my money drained by nursing homes? While avoiding all the headaches associated with Medicaid? Or is it kind of foolish?
@portagepete1
@portagepete1 Жыл бұрын
It's foolish to have Medicaid.
@noelc2
@noelc2 9 ай бұрын
look into Long Term Care Insurance
@WendyW7508
@WendyW7508 12 күн бұрын
A.you don't need medicaid, you have enough money to meet all your needs. B. If someday you did require long-term nursing home care, you have enough money to pay for it. Why would you want to find some sneak around or commit fraud to not pay for it. You are blessed. Don't mess with that.
@user-hs4wo8ry3z
@user-hs4wo8ry3z 8 ай бұрын
I don't have a home, but I worry about Medicaid going after my children's life Insurance
@tawthylawn351
@tawthylawn351 2 жыл бұрын
What happens to the home if an adult disabled child is living there?
@zwaites12
@zwaites12 8 ай бұрын
so heres a scenario. John going to a nursing home, he owns a house but 2 years before he died he signed over his home to his son. What happens to his son?
@itguru2037
@itguru2037 2 ай бұрын
Nothing
@anniealexander9616
@anniealexander9616 3 жыл бұрын
Great video!
@GM-wf6el
@GM-wf6el 2 жыл бұрын
Hello. Which states give the most Medicaid and Medicare Savings Program QMB to help poor people pay for what Medicare doesnt? Thanks.
@noelc2
@noelc2 9 ай бұрын
Seniors who are eligible for both Medicaid & Medicare are called “Dual eligible” & I would contact a local Medicare insurance agent to get a Medicare Advantage plan, called a “D SNP” plan (d stands for Dual). Some of these D SNP plans have amazing extras, like a Visa card for utilities or food each month often over $100, plus they give all the dental, eye, etc. Dual eligible seniors can switch plans once per quarter so they do not have to wait for falls Annual Enrollment like everyone else. Good luck!
@GM-wf6el
@GM-wf6el 9 ай бұрын
@@noelc2 thanks for the great info
@privateprivate8366
@privateprivate8366 3 жыл бұрын
My family doesn’t live in Louisiana but, as it is a narcissistic family dynamic, I’ve left it all behind. My mother either through intent or indifference has left an absolute mess, in her wake. I’d have likely spent the remainder of my existence, living an absolute NIGHTMARE, in her interest and in the interest of other family members, who think they’re due their “cut” for doing absolutely nothing. Then, you have the law step in, for anything you weren’t able to do for this hateful, unworthy parent and that is part of the reason why some caregivers find themselves empty-handed and utterly regretful that they cared so much. I loved my mother dearly but, when she and my sister turned on me, I had to get clear on what was. I had to understand that, as the family scapegoat, I was going to get nothing and the best choice was to ditch. I’m pretty sure my family would love for me to drop dead, since everything my mother owns is likely going to the state. Better than me losing my life, while “family” stands by, watching it happen. I’ve also disinherited them. Fortunately, I’ve also aged out of filial responsibility laws. I cannot imagine the state requiring me to provide financial support for the an abusive parent’s eldercare. I did not choose her, as my mother. Just nuts!
@MariselaCronin
@MariselaCronin 3 жыл бұрын
Don't lose faith--stay strong.
@privateprivate8366
@privateprivate8366 3 жыл бұрын
Marisela Cronin yeah, it looked like some dim whit was calling either me or another commenter an idiot. I can only assume that they might be one of those leaching family members, who think it’s cute to have someone do all the work, while they get the rewards. For them, the only problem is when it doesn’t quite pan out that way - and they actually get their due.
@Kai-qv2ig
@Kai-qv2ig 3 жыл бұрын
That's messed up.
@ExtraordinaryLiving
@ExtraordinaryLiving Жыл бұрын
Original Post, I totally get it! "Better than me losing my life, while “family” stands by, watching it happen. I’ve also disinherited them." Absolutely if there was such a toxic family! 💯👍
@privateprivate8366
@privateprivate8366 Жыл бұрын
@@ExtraordinaryLiving she died a year later. Been in probate, which is almost over. Sister felt she should inherit all, for showing up when she was offered a free house, after being gone for 30 years. So, at least with her and adopted step-siblings, this part of the family has come to an appropriate end.
@heartfacingupward
@heartfacingupward 2 жыл бұрын
My wife got cancer and I was injured and now am disabled. We are both on Medicaid. We will be switching over to Medicare this year. They said we will be "Dual Eligible" because we are currently on Medicaid due to our health and injuries. This all came as a hurry at around 60 years of age for both of us. We had no time to prepare. The question I have is about the 5 years look-back period of time. Is this a one-time event? If we gave our home to our kids at this point, as an example, and we live for another 10 years, does that mean that Medicaid recovery looks back from the time of our death or the time of our original illness and injury? Thanks.
@heartfacingupward
@heartfacingupward 2 жыл бұрын
@Booster Rooster Do you know when the look-back period begins? Is it the time of the original injury or the beginnings of the SSDI benifits?I am 62 and my wife in her late 50"s
@portagepete1
@portagepete1 Жыл бұрын
Call the state and find out how much the bill is YOU WILL BE SHOCKED it is a total fraud.
@WendyW7508
@WendyW7508 12 күн бұрын
The look back clock starts the date of the medicaid application. You say you are already on medicaid. So you qualified for it even with the house. If your state has after death recovery efforts in place who cares. Ull both be gone anyway. Why shouldn't they recoup some monies they spent caring for you both for all this time. If you are still curious call your medicaid case worker and ask. And when you turn 65 and start getting Medicare benefits, you both are double covered. It basically just supplies some financial relief for the state who helps, as Medicare will assume responsibility for some aspects of medical care. So it will all stay the same for you guys.
@billligon4005
@billligon4005 2 жыл бұрын
So if you have no assets, then what happens??
@jdemarco
@jdemarco Жыл бұрын
Then you would qualify for Medicaid.
@davidhefner5668
@davidhefner5668 3 жыл бұрын
Free country?
@SandfordSmythe
@SandfordSmythe 11 ай бұрын
You pay for what you use if you have the asserts.
@phillipstallter9018
@phillipstallter9018 4 жыл бұрын
So is a grantor trust revocable or irrevocable?
@americasestateplanninglawy1946
@americasestateplanninglawy1946 4 жыл бұрын
Good question Phillip. All revocable trusts are grantor trusts. Some irrevocable trusts are grantor trusts.
@freddyhollingsworth5945
@freddyhollingsworth5945 3 жыл бұрын
Great video!! Watching from Arkansas. Say the Mother already died. The Dad is going into the nursing home now and applying for Medicaid to help pay for the NH bill. He's 68 and single now. Can the kids sell the house now to avoid all the upkeep expenses(utilities, taxes, insurance, mowing, risk of vandals), etc.. of course sell the house and the money would go into an account that will remain protected for the NH. Or can the kids rent the house out to get someone living in it to keep vandals out and help cover the upkeep expenses? Thank you!!!
@jerryc3050
@jerryc3050 3 жыл бұрын
Let's see, Rachel G.. The moral of this story is put your assets in a Grantor Trust, where you keep control of your house and other assets and Medicaid won't count the assets as long as they are in a Grantor Trust. More to it, I know but as far as lawyers go, this is morally correct? 😎 Hopefully I got that right.
@Endoptic
@Endoptic 3 жыл бұрын
Doesn't control itself destroy the protection? That's always been referenced as the key issue, though might vary for some states.
@gretasandstone357
@gretasandstone357 2 жыл бұрын
Excellent quality video as you normally have! Thank you. Question... I loaned my aunt money to pay off her home mortgage. I had a promissory note completed and used her home as collateral. I'm have a first position lien. There are no other liens on this home. If my aunt goes into a nursing home down the road and Medicaid places a lien on her home will I be paid in full before Medicaid?
@loft006
@loft006 2 жыл бұрын
Contact the OBUDSMAN and/or SO-CAL organizations. AARP can help as well to find out what to do to protect the home.
@rhondachristensen8619
@rhondachristensen8619 2 жыл бұрын
Can't get an attorney, here in pa.regardless of your problem ..nothing, is ever done ...it's a joke ..I had 6 situations, in 11 years living in pa, with a variety of situations...zero...getting an attorney, is a joke..
@Stealth11574
@Stealth11574 Жыл бұрын
A refinance is not sale .. hence .. loophole .While alive make moves
@JeffAlly-s6r
@JeffAlly-s6r 3 ай бұрын
Wooow I didn't know that 😮😮😮😮
@pinkorganichorse
@pinkorganichorse 4 жыл бұрын
Then is my mom's house (worth $190k) safe from Medicaid AFTER she passes? It is in a revocable trust.
@sam10818
@sam10818 10 ай бұрын
1) What if the parents sell their house to children for $100 before passing away in nursing care? 2) what if they sell their house for actual value and lose that money in gambling?
@noelc2
@noelc2 9 ай бұрын
There are often look back periods. My state they are 5 years. And they can even go farther in some cases. Be careful because they will come after the children
@sam10818
@sam10818 9 ай бұрын
@@noelc2 what if they sell the house to a random person or non immediate relative for the actual value? I'm just trying to understand which transaction will prevent this estate recovery
@noelc2
@noelc2 9 ай бұрын
@@sam10818 I am not sure, although the sale amount would be counted as an asset. What do they do with the sale $$? Find another house to buy? Put the rest in the bank? They will be in the same boat.
@melissarankin1591
@melissarankin1591 Жыл бұрын
Can you live with someone Owen there house you are on medicaide
@midwestrebel655
@midwestrebel655 Жыл бұрын
Medicaid, what about Medicare?
@noelc2
@noelc2 9 ай бұрын
Medicare does not pay for nursing home expenses except for very limited exceptions: They will pay for the 1st 20 days IF you’ve been hospitalized for 3 days prior. Medicare is only meant for the recovery phase (ie, you had a mini stroke & need a nursing home for rehab for a few weeks). I would completely forget Medicare as an option for nursing home care. It is so so limited.
@craigsspot1
@craigsspot1 3 жыл бұрын
If I write you will you reply ?
@coastal5228
@coastal5228 2 жыл бұрын
Stop scaring people. MERP has SO MANY exemptions. Contact a Case Manager for FREE, up-to-date information!
@boomboom3522
@boomboom3522 3 жыл бұрын
Yes they can when u own them money
@stacieboucher1570
@stacieboucher1570 Жыл бұрын
God , please come back and rescue us from this insane unjust world! Jesus is our only hope. He’s coming soon! 👆🏽🎺💫Unfortunately we still have to try and plan. Do this while your not sick if possible. Learn from our mistake! God Bless you all, and thanks for the video! So many questions! ❤
@ValueYourTimeOnEarth
@ValueYourTimeOnEarth 6 ай бұрын
Take out a mortgage against the house if paid in full. Use the cash to give your children as gifts. Thus when your parents die they will have next to none equity in the house. Let Medicare and banks fight 😅 over the sale of the house.
@sueharris6616
@sueharris6616 4 ай бұрын
Sounds like it could work. Thank you!
@WendyW7508
@WendyW7508 12 күн бұрын
If people put as much effort into paying their bills, saving money and being responsible while living their lives as they are in trying to get free medical care and defrauding the state's and feds, you wouldn't be scheming all these scenarios. , ud be set. Wow. And this type of stuff is why state medicaid programs have excellent attorneys and similar watching and monitoring for all this BS. Better yet, if this is you then have your children take care of you rather then going to nursing care. Then they would have earned the asset you are trying to preserve for them. And if its your parents ur trying to get free care for, I say the same. Take them in and dont use a nursing home. Then ull earn the asset eventually.
@ValueYourTimeOnEarth
@ValueYourTimeOnEarth 11 күн бұрын
@@WendyW7508 the problem is corporate healthcare that has taken over… they seek profits over everything else… ask yourself who let them in? Republicans and corporate democrats do their bidding and raise the cost for everyone
@ReginaBarnett
@ReginaBarnett 3 жыл бұрын
2 grad isn't nothing now days.
@goofygeek5236
@goofygeek5236 2 жыл бұрын
Am I the only one who sees that a family stealing 600k rather than saving it? I know medical bills are skyrocketing but if everyone "saves" thousands then who will pay for the heslthcare?
@jdemarco
@jdemarco Жыл бұрын
Well, we're paying for free health care for illegals, so there's that...
@ursulasmith6402
@ursulasmith6402 10 ай бұрын
My idea should work. Have AI care givers, looking like people to keep expenses down. No joking!
@Tweedle457
@Tweedle457 3 жыл бұрын
So, at age 50 one has some things to put in place, since this all starts at 55, one could even have an accident or anything and wind up in a nursing home, yikes!!!!
@Endoptic
@Endoptic 3 жыл бұрын
Nah, just dig a hole and take your kids with you... Seriously, I'm staring at the walls as Mother naps inbetween kicking rocks at the bottom of "our" hole.
@leeanncornell8305
@leeanncornell8305 3 жыл бұрын
Ugh
@briandarr8149
@briandarr8149 9 ай бұрын
I do not understand why some think my tax dollars should pay for their lack of planning on paying for their own care! Use your assets to pay your way. When you have 2k left then use the programs made for the poor.
@SandfordSmythe
@SandfordSmythe 9 ай бұрын
I agree with your philosophy on using Medicaid, but don't say that a person's wealth depends solely on the planning they made. There are things thrown at them by fate. Too Calvinist for my taste.
@briandarr8149
@briandarr8149 9 ай бұрын
my point is should I pay my way to the best of my abilities and use the assistance provided if needed or shall I game the system to hide my assets and take the dole? I would say it is more about integrity than some religious bantering. @@SandfordSmythe
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