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When I applied for Medicaid for my Mom, I was told by the caseworker that Mom's Will was pretty much voided.
If Mom needs Medicaid now, there is no saving of the house. There is a 5 yr look back and no assets can be "saved" from Medicaid. Yes the house will be an exempt asset while she is alive but she will not be able to keep it up because her SS and pension will be needed to offset the cost of her care. So unless someone is willing to pay the bills, the house will need to be sold. If sold, the house needs to be sold at Market value and proceeds go for Moms care.
If the house does not sell till after her death, the person who is down as her contact will receive a recovery letter asking what assets she may have. The house is now an asset. A lien for what Medicaid put out will be placed on the house and will need to be sold to satisfy that lien. Unless...
Someone is willing to pay the lien to keep the house.
There is a Spouse living in it now and when Mom applied for Medicaid.
A disabled child who lived in it before the Medicaid application and still remains there. May need to prove they can keep up the house.
A family member who lived in the house as a Caregiver for at least two years prior to Mom going on Medicaid. Again, may need to prove they can keep it up.
With the last 3 examples, if these people leave, sell or die, the house will then need to be sold to satisfy the lien. Wills are for "just in case". It doesn't mean when we die there will be anything to inherit. Any assets we have should go towards our care. In my Moms situation, the house did not sell till after her death. There was a tax lien and Medicaid lien. By the time the liens were satisfied and some out of pocket expenses, we children got 10k to split between us.
I do not understand the question: 1. Who is on Medicaid 2. Who are the siblings and who is their parent? 3. Who has designated the siblings are to inherit a house?
For want of understanding I am assuming that there is a parent And I am assuming that parent owns a home. You say there are siblings. So I am assuming there are at least two children (or more) who will according to a will inherit mom's home when she dies. But NOW Mom needs to go on Medicaid because she requires care (and qualifies for it) and she hasn't enough funds to pay for that care. I am assuming that you are a sibling and that the siblings want to know "WHAT ABOUT MOM'S HOME? WILL WE STILL INHERIT IT"?
Your mother's home is protected and exempt along with one car while she is living. However, when she dies Medicare will look at her assets (that home and car). They will then send the heirs notice that your mother's estate will owe _______amount of dollars when that home and car are sold. This is recovery of taxpayer expense to the extent a state can manage it; some call it "clawback".
I am hoping that I got your question right (and assuming a lot). If my answer is all wrong because I don't understand your question, I can maybe do better if you rephrase. Otherwise I wish you good luck ongoing.
Ok, I’m reading this differently, so is it that???: 1. mom has died with a will leaving all assets to her 3 kids 2. mom had a home than now is an asset of her Estate; 3. Probate is opened or abt to be and the house is 2 b sold, with proceeds from Act of Sale to be shared equally by her 3 kids once all other issues / claims are settled. 4. there is NO Long Term Care Medicaid Recovery for moms estate 5. Your concerns / problem is 1 of the 3 kids is on a SSA program - maybe SSI or SSDI - so any $ increase in their resources can pose issues for it and it’s Medicaid as health insurance eligibility for just this 1 heir. 6. Any change is resources has to reported. So something has to happen sometime soon.
Is this the situation? If so, you and this heir need to get an attorney who does special needs trusts or other Disability Rights type of work to see IF the Executor can wait on the distribution of assets to this heir till after something - a Special Needs Trust or an Able Account or maybe something else - is established for this heirs distribution of $ from the Estate is to go into. An Executor can wait to do the distribution to heirs if they choose to. Executor may not even be close to this point in time for Estate distribution. Most States do not have a “must be completed by” timeframe for closing out probate. For opening probate yeah, but closing not really. But this is State specific & attorney advised by stuff.
What my not-an-attorney suggestions are dependent on the amount of $ that will be their 1/3 and just why this person is on SSI or SSDI and what would be best path depending on $ & timeframe. As probate will be involved, imo all this must be attorney work to shepherd whatever done and coordinate with the Executor. If it’s not a lot of $, like under 50k, an ABLE account done over couple of years could work. ((The rules for ABLE are changing to go from age 26 of the reason why they qualify to age 46 in 2026 for opening an ABLE account.)) If they can get an Able opened, then immediately 18K goes into in, and 18K every year after. If I was an Executor, I’d do this for an “at need” heir as it’s really not a big bother to add a yr or so onto probate as I could do a partial distribution to the other heirs as they probably have their hands out waiting on that house $$. Now if it’s a lot of $$$ that will be their 1/3, that’s attorney work to see if doing a Special Needs Trust can be set up. Again the attorney is going to end up coordinating this with the Executor.
$ in an Able account does not count as a resource for Medicaid, SNAP, SSI, HUD housing programs. It’s really life changing for those who can get one opened. 100K maximum except for CA which allows for their States ABLE account to have a max of a whopping 475K!
or is your issues on Medicaid something entirely different from the insight JoAnn, Alva & I posted about?
OP hasn't returned for 6 days to answer any of our questions, so I think we are all just guessing what they are in the midst of. Perhaps they went to an attorney and I sure hope so, so that they can be protected as well as they can.
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.
If Mom needs Medicaid now, there is no saving of the house. There is a 5 yr look back and no assets can be "saved" from Medicaid. Yes the house will be an exempt asset while she is alive but she will not be able to keep it up because her SS and pension will be needed to offset the cost of her care. So unless someone is willing to pay the bills, the house will need to be sold. If sold, the house needs to be sold at Market value and proceeds go for Moms care.
If the house does not sell till after her death, the person who is down as her contact will receive a recovery letter asking what assets she may have. The house is now an asset. A lien for what Medicaid put out will be placed on the house and will need to be sold to satisfy that lien. Unless...
Someone is willing to pay the lien to keep the house.
There is a Spouse living in it now and when Mom applied for Medicaid.
A disabled child who lived in it before the Medicaid application and still remains there. May need to prove they can keep up the house.
A family member who lived in the house as a Caregiver for at least two years prior to Mom going on Medicaid. Again, may need to prove they can keep it up.
With the last 3 examples, if these people leave, sell or die, the house will then need to be sold to satisfy the lien. Wills are for "just in case". It doesn't mean when we die there will be anything to inherit. Any assets we have should go towards our care. In my Moms situation, the house did not sell till after her death. There was a tax lien and Medicaid lien. By the time the liens were satisfied and some out of pocket expenses, we children got 10k to split between us.
1. Who is on Medicaid
2. Who are the siblings and who is their parent?
3. Who has designated the siblings are to inherit a house?
For want of understanding I am assuming that there is a parent And I am assuming that parent owns a home. You say there are siblings. So I am assuming there are at least two children (or more) who will according to a will inherit mom's home when she dies.
But NOW Mom needs to go on Medicaid because she requires care (and qualifies for it) and she hasn't enough funds to pay for that care.
I am assuming that you are a sibling and that the siblings want to know
"WHAT ABOUT MOM'S HOME? WILL WE STILL INHERIT IT"?
Your mother's home is protected and exempt along with one car while she is living.
However, when she dies Medicare will look at her assets (that home and car). They will then send the heirs notice that your mother's estate will owe _______amount of dollars when that home and car are sold. This is recovery of taxpayer expense to the extent a state can manage it; some call it "clawback".
I am hoping that I got your question right (and assuming a lot). If my answer is all wrong because I don't understand your question, I can maybe do better if you rephrase. Otherwise I wish you good luck ongoing.
1. mom has died with a will leaving all assets to her 3 kids
2. mom had a home than now is an asset of her Estate;
3. Probate is opened or abt to be and the house is 2 b sold, with proceeds from Act of Sale to be shared equally by her 3 kids once all other issues / claims are settled.
4. there is NO Long Term Care Medicaid Recovery for moms estate
5. Your concerns / problem is 1 of the 3 kids is on a SSA program - maybe SSI or SSDI - so any $ increase in their resources can pose issues for it and it’s Medicaid as health insurance eligibility for just this 1 heir.
6. Any change is resources has to reported. So something has to happen sometime soon.
Is this the situation? If so, you and this heir need to get an attorney who does special needs trusts or other Disability Rights type of work to see IF the Executor can wait on the distribution of assets to this heir till after something - a Special Needs Trust or an Able Account or maybe something else - is established for this heirs distribution of $ from the Estate is to go into. An Executor can wait to do the distribution to heirs if they choose to. Executor may not even be close to this point in time for Estate distribution. Most States do not have a “must be completed by” timeframe for closing out probate. For opening probate yeah, but closing not really. But this is State specific & attorney advised by stuff.
What my not-an-attorney suggestions are dependent on the amount of $ that will be their 1/3 and just why this person is on SSI or SSDI and what would be best path depending on $ & timeframe. As probate will be involved, imo all this must be attorney work to shepherd whatever done and coordinate with the Executor. If it’s not a lot of $, like under 50k, an ABLE account done over couple of years could work. ((The rules for ABLE are changing to go from age 26 of the reason why they qualify to age 46 in 2026 for opening an ABLE account.)) If they can get an Able opened, then immediately 18K goes into in, and 18K every year after. If I was an Executor, I’d do this for an “at need” heir as it’s really not a big bother to add a yr or so onto probate as I could do a partial distribution to the other heirs as they probably have their hands out waiting on that house $$.
Now if it’s a lot of $$$ that will be their 1/3, that’s attorney work to see if doing a Special Needs Trust can be set up. Again the attorney is going to end up coordinating this with the Executor.
$ in an Able account does not count as a resource for Medicaid, SNAP, SSI, HUD housing programs. It’s really life changing for those who can get one opened. 100K maximum except for CA which allows for their States ABLE account to have a max of a whopping 475K!
or is your issues on Medicaid something entirely different from the insight JoAnn, Alva & I posted about?