So what Medicaid program is your mom on? or what program are you anticipating needing her to go onto?
Medicaid is a huge # of different programs. If this is Medicaid for health insurance and mom is a “dual” so she is low income enough to be Medicare and Medicaid, that’s real common. Her ownership on the condo should not be an issue for Medicaid as health insurance. But her filing for Medicaid community based program, like she gets into a PACE day program, OR she needs 24/7 oversight so needs MC or NH; these are different Medicaid program which do look at her income & assets.
So just what are you anticipating mom to be needing? and How does the title read? and how does the annual tax bill read? and Have you actually been a 50% owner with a history of paying your 50% share? and for years??? I’m with Frebrowser that a review on the property will show it to be 2004 gifting by you. That would not be good. These are not simple issues to resolve. It’s real estate attorney work first & foremost. Not elder law attorney stuff.
My suggestion is for you to gather up all the paperwork you have from eons ago. What you don’t have, pay to get as a download from the courthouse. It’s beyond a decade, likely it’s research work by CH staff & mailed to you. Then set up an appointment with CELA level of elder law atty who has a real estate attorney associated with their practice. It will cost but ya gotta do this to segregate assets ahead of ever filing for LTC Medicaid for her. Not a DIY, waaaaaay to complicated.
Also your mom is coastal FL right? Please find all of your moms insurance policies. Especially her flood & windstorm. If you have your own homestead, technically you cannot be on her NFIP flood policy nor her state of FL windpool policy. Gonna be heartbreaking if something happens and a X check is done and this surfaces. I’m coastal, all the carriers are looking to shed all risk and deny claims.
I’m surprised that Medicaid has not placed a lien on your mother’s portion of the condo to recoup the money they spent on her if and when the condo is sold. In New Jersey where I live, if someone owns a home and he/she is receiving Medicaid, he/she can live in the home until such time when the homeowner dies or the home is sold then Medicaid will seek reimbursement of the money that was spent on the homeowner because the sale from the home would then become an asset.
You need to speak to an elder care attorney in order to get clarity on Medicaid’s recoupment of assets.
The lien placement in my experience is interdependent on your states laws & administrative code on real estate and property rights. Some States do not allow ever for a proactive type of lien placement to happen (at day 1 of LTC Medicaid starts to pay). It can’t be done - in those States - as there is not an actual $ amount that exists that can be placed.
The real pro property right states, it’s all after death actions. If heirs open probate, recovery becomes a Claim and moves to probate court. If yours is a Level of Claim by Class probate state, then those rules apply. For TX, it’s a Class 7 & everything in 1-6 are ahead in the eventual distribution.
Whatever the case, it’s not really a DIY project. Legal is going to be needed in some way.
My situation was a bit different from yours. I returned home to live with my mom at her condo and my name was placed on the deed. I lived there for over two years before selling and buying a house in my name only with my mom now living with me. I reported the sale of the condo on my taxes and there was no problem.
How did you handle the paperwork at the time? Is it in both names as joint tenants with right of survivorship or do you each own 50% as tenants in common? Did she put in any money or did you pay it all?
I have a bad feeling that you made her a gift in 2004. So you definitely need to talk to an attorney specializing in Medicaid and elder law.
You should find out what expenses she can pay on the rental before calculating her net income. If she can pay her share of taxes, insurance, HOA fees, maintenance, property management, depreciation, etc. the income attributed to her may be less than you fear.
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Medicaid is a huge # of different programs. If this is Medicaid for health insurance and mom is a “dual” so she is low income enough to be Medicare and Medicaid, that’s real common. Her ownership on the condo should not be an issue for Medicaid as health insurance. But her filing for Medicaid community based program, like she gets into a PACE day program, OR she needs 24/7 oversight so needs MC or NH; these are different Medicaid program which do look at her income & assets.
So just what are you anticipating mom to be needing?
and
How does the title read?
and
how does the annual tax bill read?
and
Have you actually been a 50% owner with a history of paying your 50% share? and for years??? I’m with Frebrowser that a review on the property will show it to be 2004 gifting by you. That would not be good. These are not simple issues to resolve. It’s real estate attorney work first & foremost. Not elder law attorney stuff.
My suggestion is for you to gather up all the paperwork you have from eons ago. What you don’t have, pay to get as a download from the courthouse. It’s beyond a decade, likely it’s research work by CH staff & mailed to you. Then set up an appointment with CELA level of elder law atty who has a real estate attorney associated with their practice. It will cost but ya gotta do this to segregate assets ahead of ever filing for LTC Medicaid for her. Not a DIY, waaaaaay to complicated.
Also your mom is coastal FL right? Please find all of your moms insurance policies. Especially her flood & windstorm. If you have your own homestead, technically you cannot be on her NFIP flood policy nor her state of FL windpool policy. Gonna be heartbreaking if something happens and a X check is done and this surfaces. I’m coastal, all the carriers are looking to shed all risk and deny claims.
You need to speak to an elder care attorney in order to get clarity on Medicaid’s recoupment of assets.
The real pro property right states, it’s all after death actions. If heirs open probate, recovery becomes a Claim and moves to probate court. If yours is a Level of Claim by Class probate state, then those rules apply. For TX, it’s a Class 7 & everything in 1-6 are ahead in the eventual distribution.
Whatever the case, it’s not really a DIY project. Legal is going to be needed in some way.
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I have a bad feeling that you made her a gift in 2004. So you definitely need to talk to an attorney specializing in Medicaid and elder law.
You should find out what expenses she can pay on the rental before calculating her net income. If she can pay her share of taxes, insurance, HOA fees, maintenance, property management, depreciation, etc. the income attributed to her may be less than you fear.