We're getting ready to put our father's house on the market, because we owe the nursing home about what it is worth. We are also beginning a Medicaid application.
Sadly, the house has a lot of structural damage, and the Realtor is not confident that it will fetch the county assessed value. What can we do to ensure we're not dinged on the Medicaid application? I assume we will need an updated appraisal. Is there anything else we should do?
I’d suggest that you first get a residential inspection done. & by someone who gives you a report with their State license on report and maybe a “seal” as well. Should be 20+ pages with color photos of all spaces…. Like get up into the roof interior and crawl spaces and take fotos on all.
Then with this report in your hands, you contact a residential appraiser. And you give them the inspection report that they can choose to use (if they want to, which they will, but ya don’t force the issue). What you want is a more “conservative” approach to the appraisal. This usually is NOT what a Realtor wants, they will want it to be the highest possible as = higher listing price = higher commission. Title companies and probate attorneys should have names of residential inspectors and appraisers if this does not pan out to get names from a Realtor. The appraiser goes and does their viewing on the house, takes the Inspection report and then gives you back their report on the State residential appraisal form with their signature, state license and seal.
If structural issues are that foundation compromised, you might, MiGHT, want to get a structural engineer report done. I did all 3 for my moms house. Finding residential structural engineer can be tricky in some areas or could have a long wait time. Also $$$. But it could be worthwhile to establish why a property poses issues for comparables or sell-ability. For example if a home has a F grade 2 section foundation pier and beam at the edge of a watershed, this could be important as it may not - to my understanding- ever qualify for FHA lending due to foundation deficiencies. Fwiw FHA loans are about 25/30% of market but tend to be majority for more modest priced homes. & Some conventional lenders won’t lend on F grades. Ask your Realtor if where your dads house is IF buyer will have an issue getting lending on your Dads place that has obvious foundation issues. Cause if so, that means “cash only” offers and those will want it for basically a steal or less than land value.
But I digress, so you have the fresh Appraisal. It is a valid legal document. And if significantly less than current tax assessor value, it is what it is. The new lower value is what you can present to LTC Medicaid for your fathers home FMV aka its Fair Market Value. It is a legal valid document, independently done. But do check with his caseworker if an additional Realtor comps needed as well.
Also when dad gets next tax bill, should he still own the place, you may want to think about doing do a protest & take this Appraisal along with that Inspection report and its photos to get the tax assessor/ collector value reset.
Please realize that if you spend your own funds to make it “market ready” and expecting to be reimbursed from Act of Sale $, that will not be easily accomplished. As home in dads name, all the $ is his; if he gives you any $ it looks like gifting as Medicaid tends to take the viewpoint that what we do for our elders done 100% out of a sense of familial responsibility without expectation of compensation. You need to do some sort of Memo of Understanding or Agreement before any spends as to repayment on Goods and Services to come out of the Act of Sale if dad is still competent and cognitive enough to do this. Or pay what needs to get done & forgetabtit.
Realtors ime tend to want properties spruced up, fresh paint, yard with new plantings, declutter, new hardware & showerheads & faucets. Let the Realtor know if that is absolutely not happening.
If there are serious structural issues, be sure Dads homeowners policy gets a rider to be on Realtor’s MLS and lockbox viewing.
But, again, you cannot afford to be wrong, so this is an attorney question at this point. Your Dad's funds pay for questions about his estate.