If my mother and I are co-owners of a cooperative apartment in NY and she is the primary residence, is the property exempt?

No. If you are equal co-owners each with the same rights and responsibilities and you cannot demonstrate that one-half the value was not due to your contribution then one-half the value of the property will be deemed an uncompensated gift from your mother to you.

What would be the consequences? Upon application the amount of all gifts are totaled to determine a penalty period of ineligibility expressed in months. So she would not be eligible to receive benefits for a period of time.

All of this may be moot, however, depending on when the gift was completed. Old law: 36 month look-back on gifts. New law for gifts made after 2/7/06: 60 months

Of course this is all REALLY moot if you did indeed pay for half the coop and can prove it.

Eligibility is one thing. What happens if she receives Medicaid benefits and then passes away? Medicaid will attempt "estate recovery" from probate assets.

So, whether mom eventually applies for Medicaid or not, you should structure ownership to avoid probate...it is such a pain!

Thankyou for your input. I failed to mention that my mother and I
are co owners since 1995 with Rights of Survivorship.
Is it moot who paid for the property since it has been over 60 months. Will the property now be exempt from Medicaid laws.
thank you, Marc

Thanks for this helpful information! :)