My Mom has lived with me for 17 years, she gave her home to grandson and left her name on deed until 2 years ago. We live in Ohio, will this disqualify her for Medicaid for nursing home?
Any gifts of assets made within 5 years before the Medicaid application will cause disqualification for Medicaid benefits for a period of time. So, the answer to your question, at least for the next 3 more years is yes, it will disqualify her from Medicaid. There are some exceptions to the rule, and you should contact an experienced Elder Law attorney to verify this, as I do not represent you. I would be happy to assist if you want.
Can anything be done to stop a Transfer on Death Affidavit? I just found out my mother made my sister sole beneficiary. My brother and I want to contest it. What can we do? My mother has Parkinsons and Alzhiemers.
Good question, and the legal answer is "it depends." The problem is that if mom is competent, then it's her right to do anything she wants with her property. It sounds as if you think she may not be, and may be how you would have to attack it. It's difficult, and you would probably be wise to seek a real estate attorney to assist you. Our office does not handle this kind of matter. Good luck!
I have spent my entire legal career trying to help people navigate the legal maze of estate planning, especially planning for asset protection and use of governmental benefits. I am an attorney concentrating in Elder Law, Estate Planning, Medicaid Planning, Disability Planning in the NE Ohio area. On September 1, 1993, Budish, Solomon, Steiner & Peck, Ltd. was born, concentrating in Estate and Trust Planning and Corporate law.
My practice has evolved so that I spend the majority of my time in Elder and Disability Law. I am committed to assisting clients navigate their way through the maze of planning options for payment of long term health care.
In my free time, I am busy with my husband and three children. We enjoy watching movies and just relaxing as a family
My Mom has lived with me for 17 years, she gave her home to grandson and left her name on deed until 2 years ago. We live in Ohio, will this disqualify her for Medicaid for nursing home?
ReplyDeleteAny gifts of assets made within 5 years before the Medicaid application will cause disqualification for Medicaid benefits for a period of time. So, the answer to your question, at least for the next 3 more years is yes, it will disqualify her from Medicaid. There are some exceptions to the rule, and you should contact an experienced Elder Law attorney to verify this, as I do not represent you. I would be happy to assist if you want.
DeleteCan anything be done to stop a Transfer on Death Affidavit? I just found out my mother made my sister sole beneficiary. My brother and I want to contest it. What can we do? My mother has Parkinsons and Alzhiemers.
ReplyDeleteGood question, and the legal answer is "it depends." The problem is that if mom is competent, then it's her right to do anything she wants with her property. It sounds as if you think she may not be, and may be how you would have to attack it. It's difficult, and you would probably be wise to seek a real estate attorney to assist you. Our office does not handle this kind of matter. Good luck!
ReplyDelete