Hello,
I'm my parent's caregiver and I pay for their car Insurance, gas and maintenance since I'm the driver ( both can't drive).
The car is titled I'm Mom's name and reading about estate recovery and probate made her and me wonder about how to avoid these hassles once she's gone. Both parents live at home with me and are on medicaid Home and Community Based Services (HCBS) Waivers program.
Any helpful information is appreciated. God bless.
All Mom and Dad should have after their deaths is maybe a home and a car. If you can prove that you were their Caregiver for over two years and lived with them, you may be able to stay in the home and have the car. Liens will be placed on both. If you sell them, Medicaid will get what is owed them. If you are allowed to stay in the home, the lien stands and will need to be satisfied if you leave, sell or pass.
You should talk to your parents caseworker and run this by them. I was told by Moms caseworker that when Medicaid is involved Wills are pretty much null and void.
I am thinking if this is your only question you would have good luck simply asking an attorney online for a call, and avoid an hourly fee. You might also consider directly contacting Medicaid and asking for a caseworker or advisor to discuss options for your state. Good luck.
Source: https://www.medicaidplanningassistance.org/medicaid-eligibility-colorado/#:~:text=Countable%20vs.,-Non%2DCountable%20Assets&text=In%20Colorado%2C%20IRA's%20and%20401K,and%20generally%20one's%20primary%20home.
So, you don't have to worry about the car.