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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.
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I want to remove his name in case something happens to me so someone in the family would be able to sell the house. He is on Medicaid to pay for nursing home expenses.
When my husband was under hospice care, I inquired at the bank if I could have my husbands name removed from our accounts and was told that only after he died could I, and that I would have to bring his death certificate with me when I did.
I think, especially as he is on medicaid, and medicaid will want to recover from the house that is partially his upon sale of that property, that anything like you are suggesting would sound to medicaid like fraudulent protection of assets. But I don't KNOW, and unless someone here can tell you they know with a certainty, this is a lawyer question. This is too complex and with repercussions if done wrongly. You cannot afford that kind of risk. I am afraid this is a "lawyer question". I sure wish you both good luck ongoing.
No, you cannot take his name off your house. First, it should be listed on his Medicaid application. As a Community Spouse you are being allowed to live there.
Upon his death, you will still be able to live there but a lean will be placed on it by Medicaid. If at any time you leave the home or sell it, Medicaid will require the lean be paid. So, if you pass before your husband and the house is sold (must be market value) the proceeds will then go to his care. Any assets you were allowed to keep will go towards his care. There will be no inheritance.
Before you do anything with the house, you should talk to Medicaid. Even if you want to downsize, there are things that need to be considered. Husband owns half the house.
I think you might want to approach this in a different way.
First, the house is a kind of collateral for the Medicaid assistance he's receiving, and most likely is subject to an already filed Medicaid lien which would have to be satisfied before any sale.
Second, if you're concerned about the ability to sell the house if you're unable or unavailable to do it, it's appropriate to consider who in the family might be able, willing and qualified to handle a sale, then create a DPOA or POA giving that person authority, under specific circumstances.
At that point, you might want to consider having an attorney draft the documents to accomplish this.
Third, you absolutely cannot remove his or anyone else's name from a mortgage. It would be a breach of the mortgage conditions and under normal, non pandemic conditions, could lead to the mortgage being declared in default for breach of conditions. A default which isn't cured could lead to foreclosure.
Fourth, the mortgage was presumably granted based on both your incomes, including whatever pension or SS your husband might have been receiving. If he's removed as a co-mortgagor (borrower), that would remove his financial assets from the financial assessment. You alone would then have that full obligation.
The lender may not find that your income alone is sufficient, and may "call" (accelerate) the mortgage and demand full payment of the outstanding balance.
Fifth, something is missing from the chain or potential events. "Removing" your husband's name from the mortgage not only is inappropriate and doesn't make sense, I don't see how it would ease title transfer if you pass. If anything, I think it would complicate the situation.
I have the feeling that something else is in play here, that there are other reasons for wanting to remove your husband's name from the mortgage.
I am taking OP at her literal world. She says she wants him off house loan (mortgage), not off of deed. Some banks will allow it, especially if the party being taken off has not income, some will not
If you take the OP at her word than what she wants to do is unnecessary because Medicaid doesn’t look at who’s name is on the mortgage. They look at who’s name is on the deed. It’s kinda of obvious she wants his name off the deed & used the wrong terminology or doesn’t realize that she doesn’t need to refinance in order to take his name off the deed.
You’re going to need a Medicaid lawyer and just so you know, Medicaid may not place a LIEN on the house like some here have said they will. If your husband is already in a nursing home on Medicaid and the house does need to be protected, then that ship has already sailed and taking his name off the mortgage won’t prevent Medicaid Estate Recovery from recovering from his estate.
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.
Upon his death, you will still be able to live there but a lean will be placed on it by Medicaid. If at any time you leave the home or sell it, Medicaid will require the lean be paid. So, if you pass before your husband and the house is sold (must be market value) the proceeds will then go to his care. Any assets you were allowed to keep will go towards his care. There will be no inheritance.
Before you do anything with the house, you should talk to Medicaid. Even if you want to downsize, there are things that need to be considered. Husband owns half the house.
First, the house is a kind of collateral for the Medicaid assistance he's receiving, and most likely is subject to an already filed Medicaid lien which would have to be satisfied before any sale.
Second, if you're concerned about the ability to sell the house if you're unable or unavailable to do it, it's appropriate to consider who in the family might be able, willing and qualified to handle a sale, then create a DPOA or POA giving that person authority, under specific circumstances.
At that point, you might want to consider having an attorney draft the documents to accomplish this.
Third, you absolutely cannot remove his or anyone else's name from a mortgage. It would be a breach of the mortgage conditions and under normal, non pandemic conditions, could lead to the mortgage being declared in default for breach of conditions. A default which isn't cured could lead to foreclosure.
Fourth, the mortgage was presumably granted based on both your incomes, including whatever pension or SS your husband might have been receiving. If he's removed as a co-mortgagor (borrower), that would remove his financial assets from the financial assessment. You alone would then have that full obligation.
The lender may not find that your income alone is sufficient, and may "call" (accelerate) the mortgage and demand full payment of the outstanding balance.
Fifth, something is missing from the chain or potential events. "Removing" your husband's name from the mortgage not only is inappropriate and doesn't make sense, I don't see how it would ease title transfer if you pass. If anything, I think it would complicate the situation.
I have the feeling that something else is in play here, that there are other reasons for wanting to remove your husband's name from the mortgage.