The lawyer who put mom's house in a trust says I will lose the house now that I'm on Medicaid once I inherit it. He says I need to pay Medicaid back. I understand this, but I have nothing else. I applied for Obamacare after I lost my job, but was told I didn't qualify and was placed on Medicaid. I've now been on it for about 3 years and take care of my mom full time. She is handicapped and I must be with her 24/7. I'm so afraid of what's going to happen to me once mom dies. I'm 54, mom's 90. Yes I will find work, but I will only earn minimum wage and will not make enough to pay the taxes so I can't keep the house just by living in it. I have to sell it. My question is, has anyone else lost their inheritance to Medicaid and how did they survive it? The house is all I have. I have siblings, but they could not be burdened with the taxes either. Thanks so much.
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Regular Medicaid is MEANS based- you need to report all your income and assets aka your means. If you fall within the state limits, you are ok. If you don't, you have different options but you don't have to worry about that. This type of Medicaid does attempt to get paid back later.
I dont know much about rights and homes. Just saying it would be a way to pay a bill if you had too.
Im going to check out that link Jessie suggested.
https://aspe.hhs.gov/basic-report/medicaid-treatment-home-determining-eligibility-and-repayment-long-term-care
The state will probably put a lien on your mother's house. What will happen depends on if you qualify for a caregiving child exemption and how your state handles the exemption. What you do want to do is keep a record of what you do for your mother and also get a statement from her doctor that she requires full-time assistance to stay out of a nursing home. You've been there three years, so may qualify under the caregiver exemption when it comes to the house.
The way states handle things can differ. From what I understand, some states will grant the house outright to the caregiving child, while other states grant a life estate. If you plan to sell the house, the life estate is pretty meaningless. The state will seek recovery on the house as soon as your move. I hope your state is one of the former ones.
In general, Medicaid will allow a house to transfer to a family member caregiver that provided medically necessary care without penalty. Some states are different, you need to check. But the transfer does not make the debt and lein go away. It stays there until you die. If I were you I would figure out a way to remain in the house especially if it is paid off.
Hopefully those with more knowledge will give you some good ideas.
I have to admit all I know I have learned from reading on this site, but generally a person is able to live in their home as long as they are physically able. Medicaid doesn't take it out from under you, they place a lien on it and recoup the money they have given you after you die or when you sell the property.