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Medi/Cal Eligibility Issue

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PaulMc

Junior Member
What is the name of your state (only U.S. law)? California

This is kind of complicated, so please bear with me.

I am conservator for my brother (LPS). He is currently in a nursing home with serious health issues (COPD, cirrhosis, diabetes, etc.) and is also schizophrenic. He owns a mobile home, and was getting low rent. His SSDI payment was barely enough to cover the low rent and food. Now that he's in the nursing home, his social worker has changed his status so that the SSDI goes to the nursing home. There is no money to pay the space rent on the trailer. Not only that, but thel park has doubled the space rent to the usual amount since he's not living there. (I wrote about this on another topic on this forum). And, they don't allow anyone to rent out their mobile home in that park. This means that I may have to sell the trailer, which would stop his benefits from Medi/Cal, and within a year would exhaust whatever equity he has in it. He would be homeless.

Getting creative, I thought that if he would be able to sell the trailer and purchase a regular home or condo (1031 exchange), he could rent it out until he's able to return home. As long as the mortgage was the same as the space rent on the trailer, there would'nt be any net income to him. He could conceivably move into this home at some point. The advantage would be that: 1) The equity in the home would increase by renting it (ok, maybe not much in the beginning), 2) He could sell it and purchase another mobile home again, 3) He wouldn't lose equity by having to sell the mobile home and losing his Medi/Cal eligibility. 4) There would not be any capital gains tax on the sale of the trailer.

All of this would hinge on whether the sale would legally put his benefits in jeopardy, in light of making an immediate purchase/exchange of another home.
Maybe this question is better suited to the Real Estate area, but I'd appreciate any comments and advice. Thank you very much.
 


BlondiePB

Senior Member
What is the name of your state (only U.S. law)? California

This is kind of complicated, so please bear with me.

I am conservator for my brother (LPS). He is currently in a nursing home with serious health issues (COPD, cirrhosis, diabetes, etc.) and is also schizophrenic. He owns a mobile home, and was getting low rent. His SSDI payment was barely enough to cover the low rent and food. Now that he's in the nursing home, his social worker has changed his status so that the SSDI goes to the nursing home. There is no money to pay the space rent on the trailer. Not only that, but thel park has doubled the space rent to the usual amount since he's not living there. (I wrote about this on another topic on this forum). And, they don't allow anyone to rent out their mobile home in that park. This means that I may have to sell the trailer, which would stop his benefits from Medi/Cal, and within a year would exhaust whatever equity he has in it. He would be homeless.

Getting creative, I thought that if he would be able to sell the trailer and purchase a regular home or condo (1031 exchange), he could rent it out until he's able to return home. As long as the mortgage was the same as the space rent on the trailer, there would'nt be any net income to him. He could conceivably move into this home at some point. The advantage would be that: 1) The equity in the home would increase by renting it (ok, maybe not much in the beginning), 2) He could sell it and purchase another mobile home again, 3) He wouldn't lose equity by having to sell the mobile home and losing his Medi/Cal eligibility. 4) There would not be any capital gains tax on the sale of the trailer.

All of this would hinge on whether the sale would legally put his benefits in jeopardy, in light of making an immediate purchase/exchange of another home.
Maybe this question is better suited to the Real Estate area, but I'd appreciate any comments and advice. Thank you very much.
1. What did your conservator attorney say about all this?

2. What happened to the co-owner of the mobile home?
 

PaulMc

Junior Member
The co-owner was our mother, who passed away in May. I have not contacted his conservatorship attorney, but have written to another attorney who is expert in Medi/Cal issues. No reply as yet.
 

tranquility

Senior Member
I find it hard to believe there would be much, if any, appreciation in the mobile home. Even if there were, from the facts, most of the gain would be taxed at 5% or 0%--depending on when it sold.

You cannot exchange a personal residence from a tax point of view. You may be able to "exchange" the equity from a mediCal point of view, but I'll leave that for the experts in elder care law. You don't have a decision to make here, the conservator does.
 

BlondiePB

Senior Member
Ark-dar

I find it hard to believe there would be much, if any, appreciation in the mobile home. Even if there were, from the facts, most of the gain would be taxed at 5% or 0%--depending on when it sold.

You cannot exchange a personal residence from a tax point of view. You may be able to "exchange" the equity from a mediCal point of view, but I'll leave that for the experts in elder care law. You don't have a decision to make here, the conservator does.
Tranquility, first, the OP stated that he is the conservator. Then, the OP stated that he'd contact his brother's conservator attorney (in response to my question), which is a bunch of bunk.
 

PaulMc

Junior Member
I have several attorneys which I use as needed. The conservator attorney for my brother's case I have not contacted about this. He's not an expert in Medi/Cal eligibility. I hired another attorney to deal with those issues, which needed attention in a trust that our mother left us (3 brothers). He's the one I sent an email to, and no reply as yet. I am the conservator for my brother with SSDI, and I have powers of both the estate and his person.
A realtor I spoke to yesterday said that a 1031 exchange wouldn't work to purchase a different type of dwelling (home or condo) but would be ok to purchase another mobile home in a different park. That would deal with the tax issue. He looked at the unit, and suggested a ballpark of about $225k. The original purchase price was $45k, so there's some tax liability there if it's sold. The real question is whether the "exchange" (sale and immediate purchase) would affect his elibibility.
 

tranquility

Senior Member
The realtor you spoke to is an idiot who should not be giving legal advice. A 1031 exchange is not available for this unless the trailer was a business property and you exchanged into another business property. Review what the term "like-kind" means. A trailer to condo would be like kind if the purpose was for business. You can't rent out the trailer so it is not for business. So, you can't do a 1031.
 

BlondiePB

Senior Member
I have several attorneys which I use as needed. The conservator attorney for my brother's case I have not contacted about this. He's not an expert in Medi/Cal eligibility. I hired another attorney to deal with those issues, which needed attention in a trust that our mother left us (3 brothers). He's the one I sent an email to, and no reply as yet. I am the conservator for my brother with SSDI, and I have powers of both the estate and his person.
A realtor I spoke to yesterday said that a 1031 exchange wouldn't work to purchase a different type of dwelling (home or condo) but would be ok to purchase another mobile home in a different park. That would deal with the tax issue. He looked at the unit, and suggested a ballpark of about $225k. The original purchase price was $45k, so there's some tax liability there if it's sold. The real question is whether the "exchange" (sale and immediate purchase) would affect his elibibility.
You have the "blessings of the court" to dispose of your brother's residence? :confused:
 

PaulMc

Junior Member
MediCal Eligibility Issues

I wouldn't do anything with his trailer if it wasn't authorized. I'd certainly get permission before selling the trailer because of all of the other issues. It would be a last resort. But I'm sure I could do it if it needed to be done.
No reply from the attorney I emailed- yet.
 

wexeter

Junior Member
1031 Exchange Does Not Apply Here

I'm just throwing my two cents in here. The 1031 exchange does not apply. First, the properties involved must be held for investment. The mobile home is not investment property, but your brother's primary residence. Sorry, but the Realtor is wrong, it won't qualify. Second, if the mobile home was held for investment, such as rental property, it would qualify, but would have to be exchanged for another mobile home (mobile homes are generally considered personal property and not real property).
 

BlondiePB

Senior Member
I wouldn't do anything with his trailer if it wasn't authorized. I'd certainly get permission before selling the trailer because of all of the other issues. It would be a last resort. But I'm sure I could do it if it needed to be done.
No reply from the attorney I emailed- yet.
So, until I posted that your brother having a conservator attorney was bunk, you then said it was your conservator attorney. Now, you'll get permission from the court to do anything with brother's residence. Oh yeah, did you even get the court's blessing to place brother in the nursing home? Your brother must be paying a lot for all the attorney fees you're accumulating.
 

ecmst12

Senior Member
Sounds like moving the trailer to another lot that would allow him to rent it out would be the simplest solution.
 

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