Hello, Im A 46 Year Old Man Who's Lived An Cared For My 82 Year Old Mother With Alziemers Disease For The Past 10 Years. She Will Need To Go Into A Nursing Home Soon But Medicaid Says She Can't Put Our House In My Name Because Of The Medicaid Estate Recovery Program. And Our Family Lawyer Refuses To Put It In My Name Saying We Might Get In Trouble. They Say I Can Live In The House But I Can't Sell It Or Leave It To My Family Because Once I Die It Becomes Their Property. Isn't There Any Way To Have This Law Waved Under Certain Circumstances??

No. The time to do this was when you first started caring for her. Now its too late.

Sadly no, and even if you put it in your name yourself, they can still come after it. You have to transfer the any property several years ( sorry not up on how many) before the person goes into the nursing home.

You can buy it from her for a fair and reasonable price and make payments to the estate for that amount or borrow money and buy it if you wish to keep it.

Can she put the home in her will for him?

I Contacted Medicaid And Was Told Since I Have Lived In The Home And Taken Care Of My Mother For The Past Two Years That All Rights They Had To The House Would Be Waved. I Was Also Free To Sell The House At Anytime An Put The Next House I Buy In My Name. Thanks For The Help Though

Thanks for passing along that info and I'm glad I was wrong. Gives one some faith in government doesn't it.

Scott wasn't wrong. Its just medicaid along with the nursing homes don't want us to know these things. I get different stories from different agencies I call. I finally just went an explained my situation to someone at medicaid. So really your right, I just found a loop hole though.

Because medicaid is a state run system, it's important to post the state you're in.

If your in New York you might want to have my opinion, even though you have a lot against you there might still be a small possibility to save the day, or at least part of it.

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Originally Posted by medicaidmedic

because medicaid is a state run system, it's important to post the state you're in.

if your in New York you might want to have my opinion, even though you have a lot against you there might still be a small possibility to save the day, or at least part of it.

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If you read the thread, you would have seen that the OP found an answer.

I am glad it has worked out, getting the government to do something nice is not normal, I am sure this helps and saves a lot of problems for you.

I am very glad I was wrong in your case.

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Originally Posted by ScottGem

If you read the thread, you would have seen that the OP found an answer.

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Sorry!

By the way do you really think I had not read it.

What a pity

By the way what they told him, is inaccurate, and to waive a law or a rule and regulation requires at least the authority of a commissioner.

Have a good one

Quote:

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Originally Posted by medicaidmedic

Sorry!
By the way do you really think i had not read it.
what a pity
By the way what they told him, is inaccurate, and to waive a law or a rule and regulation requires at least the authority of a commissioner.
have a good one

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Then why didn't you say that instead? Based on your post, it appeared you didn't read the whole thread. But if you think he was given inaccurate advice then that's what you should have said.

Ive Contacted The Nursing Home Where My Mother Is Going And Medicaid. I Told Them I Transferred The House Into My Name A Week Ago. Just Go To Office Depot An Get The Quick Claim Deed, Filled It Out And Had It Signed At The Courthouse. You Also Need A Pt61 Form Signed As Well. My Mother Still Got Medicaid Without Paying A Penalty For Our Property Tranfer , And The Nursing Home Had No Problem As Long As She Was Covered Under Medicaid. But Only Because Ive Provided Care In Home For At Least Two Years Which Delayed Her Entrance Into A Home. If I Hadn't Lived There For The Past Ten Years, I Would Be Out Of Luck.

I live in Arkansas. My situation is similar except I have a quitclaim deed that is dated several years ago, but was never filed. Would the medicaid program look at the date of the deed or look at the date it was filed?

We had a deed also that was signed 4 years but only recorded 1 yr before and medicaid made us put it back in my fathers name before his nursing home would be paid. Now 2 yrs later he has passed away and we received a $40,000. Bill, that is to be paid or they are taking his $22,000 dollar home. We sent pictures and showed them recovery was not cost effective it's not worth the trouble small run down 1 bedroom 1 bath house. But they take your underwear, believe me!