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Mom has life use on property quit claimed to daughter 20 years ago. Mom is now in Nursing Home. Daughter wants to take mom off life-use and sell some of the property. In a couple of months mom will be applying for Medicaid.
It sounds like your mom did some sort of a Life Estate to her daughter a decade ago. The ? for Medicaid as to whether its still an asset of mom's or not, to me most likely will be IF the LE is revocable or irrevocable. I'd suggest you & mom meet with a NAELA level elder law atty to review moms legal & finances AhEAD of her ever submitting a Medicaid application. If property is going to a daughter, what is your position in all this?
LE's are sticky and you want legal to review. Not a DIY.
There are some things you can do now..... Get all the paperwork on the property. Most courthouses have all on-line or available to hand pull for a small fee. Find last tax collection bill (as it has the parcel & PPIN info) and other go online to property records for moms county or take a trip to the courthouse. 10 years ago may or may it be on-line.....if its not, then do a courthouse run. I'd try to get there on a Tues - Thurs about 9:30/10 as courts in session by then. Records usually in chancery court section. The ladies (usually) are pros & can pull what you need. While your there get a plat of the property too. Take cash as checks have to clear & CCs have hefty surcharge.
All this you take to atty meeting.
Also IF mom balks at a new atty, tell her that she needs one who is current of Medicaid regulations as its totally speciality work.
Also has anyone told you about the co-pay or SOC (share of cost) requirement of NH Medicaid? Once mom is on medicaid, she is required to have all her income go to her copay at the NH. All she will have $wise is a small personal needs allowance. pNA varies from $ 35-115 by state. For my mom it was $60. PNA just covers beauty shoppe and some toiletries or clothing replacement. If mom has a phone or cable, it could be those charges are Voila! magically the exact amount of her PNA. Realistically mom has no-none-nada of $ anymore once on medicaid. Someone will need to pay all costs on the property held in a LE. Taxes, insurance, repairs, utilities.... And pay all till mom dies and then through the property transfer period after death. So please please pause & think if this is feasible both for $ and time.
If Sissy is already needing $ as that's why she want to sell it, you can likely expect to be paying all on that property totally.
Also there are tax implications with transferring property now as opposed to inheriting after death.
Really get paperwork chain on property & see atty.
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.
LE's are sticky and you want legal to review. Not a DIY.
There are some things you can do now..... Get all the paperwork on the property. Most courthouses have all on-line or available to hand pull for a small fee. Find last tax collection bill (as it has the parcel & PPIN info) and other go online to property records for moms county or take a trip to the courthouse. 10 years ago may or may it be on-line.....if its not, then do a courthouse run. I'd try to get there on a Tues - Thurs about 9:30/10 as courts in session by then. Records usually in chancery court section. The ladies (usually) are pros & can pull what you need. While your there get a plat of the property too. Take cash as checks have to clear & CCs have hefty surcharge.
All this you take to atty meeting.
Also IF mom balks at a new atty, tell her that she needs one who is current of Medicaid regulations as its totally speciality work.
Also has anyone told you about the co-pay or SOC (share of cost) requirement of NH Medicaid? Once mom is on medicaid, she is required to have all her income go to her copay at the NH. All she will have $wise is a small personal needs allowance. pNA varies from $ 35-115 by state. For my mom it was $60. PNA just covers beauty shoppe and some toiletries or clothing replacement. If mom has a phone or cable, it could be those charges are Voila! magically the exact amount of her PNA. Realistically mom has no-none-nada of $ anymore once on medicaid. Someone will need to pay all costs on the property held in a LE. Taxes, insurance, repairs, utilities.... And pay all till mom dies and then through the property transfer period after death. So please please pause & think if this is feasible both for $ and time.
If Sissy is already needing $ as that's why she want to sell it, you can likely expect to be paying all on that property totally.
Also there are tax implications with transferring property now as opposed to inheriting after death.
Really get paperwork chain on property & see atty.