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Pertaining to NC state: Can a living child that is disabled but does not live in the home of a parent that died in a nursing home be the qualifying reason for MEDICAID TO stop actions to take real property as payment?
My understanding is that full exemption is provided to the disabled heir as per a valid will, assuming the merp paperwork is done.They do not have to live in the house or even live in the state. If more than 1 heir, each have to deal with recovery based on thier share & the value of the estate.
I'd send a certified letter to the state to ask for a release of any MERP claim or lien. Make a copy of the letter orginal received and attach it to the new certified letter. There likely is a specific state form for the release with a seal. Then file it at the courthouse (probably chancery court side of the courthouse) so you have it added to the chain of documents on the property - take cash for filing, go early & they will mail it back to you once recorded IF they cant do all on the spot.Then get name changed (at tax assessor side of courthouse if chancery court doesn't downstream it). So no issues of clouded title when you eventually sell or transfer ownership. If you get the "release of claim",you can probably DIY the courthouse runs.
You just want to do all the follow through so tax collector bill comes to you and all change in ownership reads correctly.
Vicki, then your best bet will be to privately consult an attorney familiar with Medicaid law, MERP recovery, and disability in the state of NC. Pamsteg gave you a reply based on her knowledge, but you had an experience that was different and added additional information not in your original post. An attorney will be able to give a definitive answer to your question when they gather all your facts and paperwork. Sounds like you have a particular set of circumstances not easily answered without research and more data than should be shared on a public website.
Correction -- I just checked on what I wrote. Apparently the house is exempt from recovery if there is a spouse or a disabled child. I didn't see anything that said they had to live in the home. This is good news. I would make double sure, though, before I did anything with the house.
Pam was right. It is when the house is the home of a minor child or a disabled adult child that it is exempt from immediate Medicaid recovery. I have a feeling that there was a wrong box checked somewhere. (This is corrected. See below.)
In reply to pamstegma, ..the reason I asked the question in the first place is because my husband lost his mother a few years ago. when the bill came , it had a few reasons not to go after her property one was if there was a living disabled child, law also states of any age, and is not clear about where that child is living. anyway he answered yes. The next letter we got was that they were no longer going to be go after the property on the basis of his disability. I have more to lose so I want a clear answer. So does it come down to the caseworker to decide on what they want to do on their own? Which could be a real shame if had someone that was out to get all they could get from one person to cover what they couldn't recover from the last person.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
I'd send a certified letter to the state to ask for a release of any MERP claim or lien. Make a copy of the letter orginal received and attach it to the new certified letter. There likely is a specific state form for the release with a seal. Then file it at the courthouse (probably chancery court side of the courthouse) so you have it added to the chain of documents on the property - take cash for filing, go early & they will mail it back to you once recorded IF they cant do all on the spot.Then get name changed (at tax assessor side of courthouse if chancery court doesn't downstream it). So no issues of clouded title when you eventually sell or transfer ownership. If you get the "release of claim",you can probably DIY the courthouse runs.
You just want to do all the follow through so tax collector bill comes to you and all change in ownership reads correctly.