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Changing the ownership of a house

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legalese

Member
Connecticut, My mom is old but is worried that if she gets sick she will lose the home to pay for assisted living or wherever she has to go. If she puts the house in one of her kids names will that protect the home? If so is there a time frame that the house has to be in someone's name? Right now she is okay but she wants to know if there are any options for her

Not sure if this is the correct section to ask this question

legalese
 


Zigner

Senior Member, Non-Attorney
Connecticut, My mom is old but is worried that if she gets sick she will lose the home to pay for assisted living or wherever she has to go. If she puts the house in one of her kids names will that protect the home? If so is there a time frame that the house has to be in someone's name? Right now she is okay but she wants to know if there are any options for her

Not sure if this is the correct section to ask this question

legalese

Why shouldn't her assets be used to pay for her care?
 

sandyclaus

Senior Member
Connecticut, My mom is old but is worried that if she gets sick she will lose the home to pay for assisted living or wherever she has to go. If she puts the house in one of her kids names will that protect the home? If so is there a time frame that the house has to be in someone's name? Right now she is okay but she wants to know if there are any options for her

Not sure if this is the correct section to ask this question

legalese

That's the way it usually works. Ones home and other assets are sold to pay for ones medical and nursing home care. It is usual, customary, and EXPECTED that ones own assets are used to pay for their own care before other resources can be utilized.

Many people think that the way to save their own money and force the government to foot the bill is to hide, transfer, sell, and/or otherwise dispose of those assets and put them out of reach. The government actually thought about that and instituted a five-year lookback period just to cover that possibility. That means that when considering income and assets to provide Medicare coverage, they will look back five years to see what the person had back then that could have been used to pay for their own care. If there is mass sell-off, or transfer of real estate holdings during that time, they may deny coverage.

Bottom line? If mom is concerned that she will require long term care, she needs to start planning to use those assets now to pay for it later.
 

FlyingRon

Senior Member
If you read the guidelines Tranq posted, you'll find that if she does this she very much risks getting disqualified for those benefits.
 

commentator

Senior Member
I ask the same question someone else here asked. Why would your mother not want to pay for her care legally and legitimately if she can? If she is on Medicare, that will pay for a good deal of her care as she gets older and has increasing health problems. There is always a possibility she will fall over one day like a tree in the wind, never having experienced a long drawn out stay in a skilled nursing facility. How old is Mom now?

Assisted living facilities are usually self funded. If she wants to go into one, and thinks is would be more comfortable for her than living in a house, she will need to use her own assets to pay for it. So selling her home would be the honest and legal and reasonable way to cover moving into assisted living, which would be the same as if she traded in her full size home for an apartment.

But saying Mom is 75 now and her health is declining. She deeds her home to you or another family member now. If at any time in the next five years, she becomes extremely ill, has to be placed in a skilled nursing facility (nursing home) Medicare will pay for only a very short time. Then they will see if she qualifies for Medicaid, which is needs based program. Her assets such as a house, car, property, etc. will be used. If in examining her assets, they see that during the last 5 years, their "look back" period, she has deeded over property to someone, they will deny her Medicaid and say that this transfer was fraudulently done to hide her assets. They will deny payment through Medicaid for a penalty period.

She may want to talk to an estate planner if she has any sort of extensive assets. But really, if this is just a matter of grandma not wanting to have to use her home to pay for possible health care expenses, so she can leave it to her children instead and have someone else assume her bills, it's just a bad idea to try it.
 

legalese

Member
I ask the same question someone else here asked. Why would your mother not want to pay for her care legally and legitimately if she can? If she is on Medicare, that will pay for a good deal of her care as she gets older and has increasing health problems. There is always a possibility she will fall over one day like a tree in the wind, never having experienced a long drawn out stay in a skilled nursing facility. How old is Mom now?

Assisted living facilities are usually self funded. If she wants to go into one, and thinks is would be more comfortable for her than living in a house, she will need to use her own assets to pay for it. So selling her home would be the honest and legal and reasonable way to cover moving into assisted living, which would be the same as if she traded in her full size home for an apartment.

But saying Mom is 75 now and her health is declining. She deeds her home to you or another family member now. If at any time in the next five years, she becomes extremely ill, has to be placed in a skilled nursing facility (nursing home) Medicare will pay for only a very short time. Then they will see if she qualifies for Medicaid, which is needs based program. Her assets such as a house, car, property, etc. will be used. If in examining her assets, they see that during the last 5 years, their "look back" period, she has deeded over property to someone, they will deny her Medicaid and say that this transfer was fraudulently done to hide her assets. They will deny payment through Medicaid for a penalty period.

She may want to talk to an estate planner if she has any sort of extensive assets. But really, if this is just a matter of grandma not wanting to have to use her home to pay for possible health care expenses, so she can leave it to her children instead and have someone else assume her bills, it's just a bad idea to try it.


Her friends have done this in the past and her son is disabled. She takes care of him ( we help out with him too) and worries if she will have enough money for any problems that pop up like having a nurse move in to help her.
By the way 75, not even close she's pushing 91 and still going strong. Thanks for your quick replies
 

commentator

Senior Member
If her son is disabled and especially if he is receiving SSI or some type of government disability or assistance, I do not believe they are allowed to take the house to pay for her Medicaid IF she needs it for some complicated reason that has not happened yet. Is he (the son) receiving Medicaid? If so he may be able to get a nurse assistant or some other form of homecare to supplement what he is getting now. Some states have more of this than others. Others will have more cold hard facts on these issues, but honestly, it's way too late to sign over anything and avoid the 5 year look back for your mom, even if she was subject to it and didn't have the disabled child that will exempt her from this problem. My family member who did this had actually signed everything over to her children about 15 years before her final illness, continued to live there as usual, of course, and passed away at 93 long before Medicare had stopped paying for everything. Those long stays in a skilled nursing facility don't happen as much these days as they used to.
 
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legalese

Member
If her son is disabled and especially if he is receiving SSI or some type of government disability or assistance, I do not believe they are allowed to take the house to pay for her Medicaid IF she needs it for some complicated reason that has not happened yet. Is he (the son) receiving Medicaid? If so he may be able to get a nurse assistant or some other form of homecare to supplement what he is getting now. Some states have more of this than others. Others will have more cold hard facts on these issues, but honestly, it's way too late to sign over anything and avoid the 5 year look back for your mom, even if she was subject to it and didn't have the disabled child that will exempt her from this problem. My family member who did this had actually signed everything over to her children about 15 years before her final illness, continued to live there as usual, of course, and passed away at 93 long before Medicare had stopped paying for everything. Those long stays in a skilled nursing facility don't happen as much these days as they used to.


He is getting SSI check and has medicare now. My mom told me at one point he had medicaid but not anymore, I am not sure why. He used to have a state worker that helped out with his paper work but they had to drop him a few years ago because of budget cuts.
Thanks
 

ecmst12

Senior Member
If she is 75, healthy, and has assets she would like to protect, I would suggest that she look into long term care insurance.
 

commentator

Senior Member
If she is 75, healthy, and has assets she would like to protect, I would suggest that she look into long term care insurance.

I was hypothetically saying 75, but she's 91, has played this one out far too far for those sorts of things now. But there's no need to put the house in someone else's name, they will not take a disabled person's home until he/she is done with it, that's a specific caveat of Medicaid law. I suggest someone call and make inquiries about homecare services for the disabled son, discuss what would happen if Mom were to become unable to function outside a care facility. If he has SSI, he should likely qualify for Medicaid. Someone needs to check on this, if he is no longer getting it, see if he needs to reapply. Seriously, all state workers are supposed to "help with the paperwork" when you are applying for programs, can at least answer some basic questions. With her being 91, there needs to be some serious planning going on in your family about what is going to happen to the son when she can no longer care for him, who's going to be in charge if she can no longer serve as his caretaker.
 

ecmst12

Senior Member
I misread OP's post about her age. At 91 it is far too late to be worrying about protecting the house. Use her assets to pay for her care.
 

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