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Virtually every state has "Undue Hardship" provisions in their Medicaid policy manuals. I quickly searched for same in Rhode Island as that appears to be where you live (rules/procedure vary by state) and came up with this: http://www.sos.ri.gov/documents/archives/regdocs/released/pdf/EOHHS/7728.pdf Check Section 0384.45.05 - "Claims of Undue Hardship" in this document. Many well meaning attorneys may have you jump through all kinds of expensive hoops when a simple letter explaining the circumstances and requesting a hardship exemption for the transfer will do the trick.
Spacey, consult an experienced Elder Law attorney to help you straighten this out in your father's best interests. I don't think this is a do-it-yourself project.
How long were they married? Whose name was on the deed of the house? Let's say it was her house, worth $100K when they married. If they were married a long time, she sells it at a profit of $50K. Well, half of that 50K is technically his. Medicaid will impose a penalty based on the portion that should have gone to him and his care.
If both husband & wife's name was on the deed to the house, legally each owns 50% of the house. If the wife sold the home & gave 100% of the proceeds to her children, the kids will have to pay back 50% to Medicaid if the sale of the house & the money given to the kids was within a 5 year period.
If only her name was on the deed, she owns 100% of the house & 100% of the sale proceeds are hers & she can do whatever she wants to do with the money. In divorces, if the deed is in one spouse's name & the house is sold, whatever equity is built up in the value of the house is both of theirs, 50% each---but just the equity. For purposes of Medicaid, I don't think it is the same. They view the ownership of the home as to whose name is on the deed.
You need a lawyer. In some states, even though one spouse owns the house, it may depend on how long the other spouse lived there and what he paid towards upkeep on the house. I knew one couple that were widow and widower. He moved into her house with the understanding that if she died first he could stay in the house. When he died, the house reverted back to her children.
First off, as jeanne stated, get an attorney. Then make sure you have access to any will she might have had, house documents etc. If you need Medicaid it will probably be better if he did not own it .
Many lawyers will do a free initial consult...but as RalphRobbinsCFP said so eloquently, they might have you jump thru many expensive hoops by the time you accomplish what you went there to solve. I have love/hate relationship with lawyers-- you need them quickly to do something, and you trust them to have all the answers (of course they must be good, when they cost THAT much) however in reality, you are only one of dozens of clients, and you pay by the tenth of an hour, even if you call them to ask for any updates on your case and they call back to say, no news, you pay. Wish there were a better way, especially when we are trying to help our parents, most of whom do not have much money, and desperately need to keep their money for medications, depends and oxygen. But you also need lawyer experts to sort out many tricky legal issues, like title to home after 2nd marriage, and whose kids inheriting what, or at all.
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.sos.ri.gov/documents/archives/regdocs/released/pdf/EOHHS/7728.pdf
Check Section 0384.45.05 - "Claims of Undue Hardship" in this document.
Many well meaning attorneys may have you jump through all kinds of expensive hoops when a simple letter explaining the circumstances and requesting a hardship exemption for the transfer will do the trick.
If only her name was on the deed, she owns 100% of the house & 100% of the sale proceeds are hers & she can do whatever she wants to do with the money. In divorces, if the deed is in one spouse's name & the house is sold, whatever equity is built up in the value of the house is both of theirs, 50% each---but just the equity. For purposes of Medicaid, I don't think it is the same. They view the ownership of the home as to whose name is on the deed.