Dad passed away last year. We moved Mom to an Assisted Living Facility and cleaned up the house to sell. Mom is in relatively good health. The house is in a Revocable Living Trust. We have been paying for her care out of pocket. Our plan is to sell the house and use the money to pay for her care.
Not gonna happen.
It’s revocable so whatever/ whomever it was going to as per the Trust doesn’t matter as the entire Trust will be revoked with the property put up for sale. It’s in her name, so all the $ from the Act of Sale will be hers. It gets recorded done to the penny too in states database. My point is all info is on city state county databases.
A sticky with any house sale $ will be if mom should pay or give anyone $. It looks like “gifting” and not allowed by Medicaid should mom end up needing to apply for CA Medi-Cal before Winter 2025 to go into a Medi-cal bed in a SNF. Yeah a long long time from now to get beyond the 5 yr lookback for Medicaid.
((Although it may be a 3 yr lookback for CA, Cali? is that right?))
Are you & your sibs paying for stuff for mom? You post reads “paying for her care out of pocket”. So just whose pockets are paying for AL?
Have y’all been paying for getting her house market ready as well?
So actually tidy sum between AL, house repairs, expenses?
And you’re fully expecting to be repaid, reimbursed?
Is this the situation?
I’m guessing it is..... if so, this week find a CELA level of elder law atty who does Medicaid planning to meet with on moms behalf. You have to come up with viable options as to how to deal possibly getting (or not getting) $ that y’all were expecting to be reinbursed from the house sale $. You need a plan in place before the house goes on the market (best) or before the actual Act of Sale. Medicaid tends to take the view that whatever we do for our parents we do out of sense of familial responsibility and done for free or without anticipating repayment. There are things that might be done but it’s really gonna depend on what the situation and $ is. An experienced Medicaid planning atty will have options for you.