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my uncle was put in nursing home and he still has a mortgage the say he has to get medicaid and they will sell thehouse and the money goes to nursing home the house is unlivable is that true
Goldie - so your Uncle has a home that still has a mortgage on it, correct?
And Uncle now is in a NH because he cannot take care of himself and he needs to apply for MedicAID so that Medicaid can pay for this NH stay, correct?
Now the NH is not in the real estate business, they do not want the house and are not in the position to sell the house. The NH wants to be paid either private pay or by Medicaid for Uncles NH costs. The NH can put a lein on the house to ensure their stake in being paid for their costs.
Now Medicaid is a state run program and they too are not in the real estate business, but Medicaid needs to get the information on Uncle's assets & income in order for him to qualify for Medicaid. You have to be "at-need" both financially and medically for Medicaid to approve. Medicaid can also put a lein or a claim on the property to be reimbursed for some of the costs it pays for Uncles care.
Uncle's house is an exempt asset for Medicaid. But if he cannot maintain the house and he probably does not have the money to pay others to maintain the house, so Uncle will need to sell the house. Now since there is a mortgage, the mortgage holder is in first place to get the $ from the sale of the house. The mortgage has to be paid off and settled for the house to go to the act of sale and a deed of trust to be done to the new owners.
Now is the mortgage current???....that means has Uncle been paying on the mortgage as per his agreement so that he is not delinquent on payments? If so, then whomever is doing Uncles Medicaid application for him or helping him do it, needs to ask for a diversion of his income (that would be his SS or other retirement) to pay the monthly mortgage till the house is sold. If he doesn't pay the mortgage, the house can be foreclosed on and that would be a big mess. You need to get a Realtor and have Uncle do a contract to sell the house. Usually when this is the case, if Uncle qualifies in all other ways for Medicaid, then Medicaid will pay the NH for his stay and all is OK there. Then once the house is sold, the mortgage is paid off and if there is any extra $ left to Uncle, the extra money is spend-down either for his care or his needs so he can be suspended from Medicaid till the spend-down is done. For example, lets say house is sold for 75K and the balance on the mortgage is 50K, that would leave Uncle with 25K but there is Realtor commission of about 5K and documented maintenance expenses of 5K, and your cousin paid Uncle back taxes of 3K, so there is only 12K left when everything is settled. So Uncle has a 12K spend-down of assets for Medicaid. Usually the simplest thing is to private pay the NH the 12K and then Uncle goes back on Medicaid once the 12K is done with (and really that may just be a month or two of private pay costs @ the NH). The NH could require that Uncle sign off on this before they will accept him "Medicaid Pending" too.
Whoever in your family who is doing Uncles application needs to very clearly speak with the Medicaid state caseworker (not the NH) for his application to make this work as simply as possible. The state caseworker will have to have a diversion of his monthly income done and approved in order for him to stay on Medicaid till the house is sold and have Medicaid pay the NH for his room & board costs for that period of time. None of this is simple or easy but the rules for Medicaid are very specific to qualify and stay on Medicaid. Good luck.
that is the topic he will be living in nursing home he ha to file for medicaid heowns a house and still has mortgage just what to know if medicaid will take house and sell to pay his nursing home untill he dies
The link above is very good, but there are some variations state by state as well. In PA, my mom's home did not have to be sold if the person has a stated intention of returning to it, but if we had not sold and then got her on Medicaid, I still would not have inherited it because they have "estate recovery" (another phrase you may want to Google, related to the idea that Medicaid may place a lien on the house. No one will actually sell the house for you or your uncle, that is something the family will need to tend to...unless the sheriff is involved due to non-payment of bills or the bank forecloses!
An eldercare attorney or estate planner in your state can help with details. Sorry a loved one is going through this, and sorry the answer is not as simple as you were thinking it might be! This whole thing of eldercare has been one very steep learning curve for most of us here.
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.
http://www.nls.org/Disability/MedicaidMedicare/MedicaidLegalInformationLetters/MedicaidLien
And Uncle now is in a NH because he cannot take care of himself and he needs to apply for MedicAID so that Medicaid can pay for this NH stay, correct?
Now the NH is not in the real estate business, they do not want the house and are not in the position to sell the house. The NH wants to be paid either private pay or by Medicaid for Uncles NH costs. The NH can put a lein on the house to ensure their stake in being paid for their costs.
Now Medicaid is a state run program and they too are not in the real estate business, but Medicaid needs to get the information on Uncle's assets & income in order for him to qualify for Medicaid. You have to be "at-need" both financially and medically for Medicaid to approve. Medicaid can also put a lein or a claim on the property to be reimbursed for some of the costs it pays for Uncles care.
Uncle's house is an exempt asset for Medicaid. But if he cannot maintain the house and he probably does not have the money to pay others to maintain the house, so Uncle will need to sell the house. Now since there is a mortgage, the mortgage holder is in first place to get the $ from the sale of the house. The mortgage has to be paid off and settled for the house to go to the act of sale and a deed of trust to be done to the new owners.
Now is the mortgage current???....that means has Uncle been paying on the mortgage as per his agreement so that he is not delinquent on payments? If so, then whomever is doing Uncles Medicaid application for him or helping him do it, needs to ask for a diversion of his income (that would be his SS or other retirement) to pay the monthly mortgage till the house is sold. If he doesn't pay the mortgage, the house can be foreclosed on and that would be a big mess. You need to get a Realtor and have Uncle do a contract to sell the house. Usually when this is the case, if Uncle qualifies in all other ways for Medicaid, then Medicaid will pay the NH for his stay and all is OK there. Then once the house is sold, the mortgage is paid off and if there is any extra $ left to Uncle, the extra money is spend-down either for his care or his needs so he can be suspended from Medicaid till the spend-down is done. For example, lets say house is sold for 75K and the balance on the mortgage is 50K, that would leave Uncle with 25K but there is Realtor commission of about 5K and documented maintenance expenses of 5K, and your cousin paid Uncle back taxes of 3K, so there is only 12K left when everything is settled. So Uncle has a 12K spend-down of assets for Medicaid. Usually the simplest thing is to private pay the NH the 12K and then Uncle goes back on Medicaid once the 12K is done with (and really that may just be a month or two of private pay costs @ the NH). The NH could require that Uncle sign off on this before they will accept him "Medicaid Pending" too.
Whoever in your family who is doing Uncles application needs to very clearly speak with the Medicaid state caseworker (not the NH) for his application to make this work as simply as possible. The state caseworker will have to have a diversion of his monthly income done and approved in order for him to stay on Medicaid till the house is sold and have Medicaid pay the NH for his room & board costs for that period of time. None of this is simple or easy but the rules for Medicaid are very specific to qualify and stay on Medicaid. Good luck.
An eldercare attorney or estate planner in your state can help with details. Sorry a loved one is going through this, and sorry the answer is not as simple as you were thinking it might be! This whole thing of eldercare has been one very steep learning curve for most of us here.