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My dad's house is in NC, and he's in a nursing facility in Virginia; and once his money ran out, I had to apply for Medicaid. He's been approved for Medicaid, and the Medicaid caseworker told me there was no problem with his house.
He's been in the nursing home on Medicaid for about eighteen months, and before him going on Medicaid, I had his house appraised in August of 2018. A licensed appraiser did the appraisal on his home, and the appraisal is $10k less than the mortgage and $29k less than the assessed value.
Medicaid in Virginia told me they would not come back to his house at his death, and I asked what they meant, but they told me I needed to consult an attorney to explain their meaning but to remember "we are not coming back to the house."
In the meantime, I want to purchase the house, and the clerk of court has agreed to allow me to buy the mortgage due to being appraised for $10K less. So, the attorney I am working with told me that we now have to wait for ten business days to see if anyone tries to upset my bid. She's guessing no-one will because they'd be purchasing the house for approximately $15k less than the assessed value and sight unseen (slow market).
My attorney in NC also tells me that she's uncertain what Medicaid meant when they said they wouldn't come back to the house and isn't willing to try and speculate.
However, now my dad is in poor health and not expected to live much longer and could go any day. If he were to pass away before us completing the sale, can Medicaid come back and try to force me to sell the house or pay them the assessed value even though I have an appraisal from August of 2018 for $10K less than the mortgage and $29K less than the assessed value?
No work has been done on the house except upkeep to increase the value because I am waiting until I own it.
Also, no siblings or any other potential heirs.
Thanks for any help,

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So the house is up for auction, if a clerk of the court says she will allow you to buy it? You have POA papers giving you the authority to buy/sell dad's home? Whose account are you going to put the money in when you buy the house? Because that should be dad's money and it WILL make him ineligible for Medicaid.

Before you do any of this, if you are planning on keeping the money, make sure you can foot dad's nursing home bill in case they find out.
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Is there still a secured mortgage on the home? Are there property taxes owed?
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If you buy this house then your father has this as an asset, and his medicaid will disappear. Did your Lawyer not explain that to you? Whether they come after his house after his death is one matter, but if you BUY this house you give your Father assets that will preclude his getting medicaid. Wait until his death to purchase would be my idea. You likely could live in the home as caretaker should you want to, but again, this is a matter to discuss with a lawyer.
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The 2018 appraisal is irrelevant as far as Medicaid is concerned. If the house is sold, your dad will lose his Medicaid eligibility if it’s sold for less than the CURRENT fair market value. You definitely need a lawyer especially if you are your dads POA. You cannot act in a self serving manner. You cannot act in your own best interest.
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