Son has cared for mom since 2004, she is legally blind at which time she did a quick deed on residence and put son on deed with her. He cared for her until 2018 at which time she needed more health care than he was qualified for.
Mom is now on Medicaid at long-term care facility and will not be returning to residence.
Since son is on the deed, will he be exempt for the child caregiver exemption?
the answer depends on exactly how their names are listed on that deed.
in one case he has ONLY 1/2 of the value of the house in his name only, so only half is protected.
have a real estate attorney check this over.
also...realize that a quit claim is not a warranty deed....the owner makes no claim to the validity of the deed or that there is no prior claim or lien. So, no title company cleared this.
but..she entered the nursing home last year.
it is not clear is she entered on Medicaid or is only just now seeking to be qualified for Medicaid. If there is a year long gab it could make him not qualified
The only time that recovery will not be pursued is:
#3. If a family member of deceased Medicaid client has, prior to the client's death, continuously resided in a home owned by the client at the time of the clients death, and that home was the clients primary residence, and was, and remains, the family member's primary residence, the Division may record a lien against the property but will not enforce the lien until the property is voluntary sold, or the resident family member either dies or vacates the property.
So as I read this, 14 years I think would constitutes primary residence. Then throw in Care giver too...they will be able to stay in the home.