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-   -   Elder Law and Medi-cal/Medi-care (https://www.askmehelpdesk.com/showthread.php?t=57554)

  • Jan 26, 2007, 12:44 AM
    GlendaHenley
    Elder Law and Medi-cal/Medi-care
    Hi everyone!

    I have a mom and a mom-in-law who are both over 70, retired, and on Medi-cal/Medi-care. In the process of doing some research, much to my dismay, I recently found out that M/M will seize your assets (bank account, property, etc) upon your passing if you are in their system (using their services).

    My mom currently owns and lives in a mobile home at a (non-age-restricted) mobile home park. I am in the process of purchasing a modular for my mother-in-law in an adult community park (the intent being my name will be on the title, she will just have to pay space rent and utilities). The over 55 park requires the tenant's name to be on the title. I have been told both my and my mother-in-law's name can be on it.

    I'm not driven by money, but I am a firm believer in protecting one's assets. I would hate to see my mom's mobile and her entire life savings vanish upon her passing. Would having a living trust or a will prevent M/M from being able to seize her belongings? I'm her power-of-attorney but I wonder if that even matters in the grand scheme of things. I had also thought about having my mom file a quit claim deed on her mobile home but I've read that this could result in me having to pay increased taxes (as I would now be the owner of her property).

    The same holds true with my mother-in-law. If I'm on the title, increased taxes and liability. If she's on the title, M/M can seize it.

    Can anyone offer advice as to what our options are?

    Thank you in advance!

    Glenda
  • Jan 26, 2007, 08:04 AM
    ScottGem
    I would consult an estate attorney knowledgeable about elder care. It may be too late to transfer assets to protect them. But it is true that if you accept certain forms of public assistance, you essentially sign over your estate to them. Generally, the value of the estate winds up being less then the assistance paid out.

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