Elder care laws concerning multilple property ownership

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Latest post Sun, Nov 17 2013 1:07 AM by Taxagent. 5 replies.
  • Sat, Nov 16 2013 10:33 AM

    • marhar
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    Elder care laws concerning multilple property ownership

    My Mom jointly owns property in WV between 4 other relatives as was set by Grandmother's will of inheritance.  Can the state of WV force the other owners of the property to buy her out to get their portion for my Mom's nursing home care? 

  • Sat, Nov 16 2013 10:41 AM In reply to

    Re: Elder care laws concerning multilple property ownership

    Unlikely.

    But it's possible that the state could just deny benefits for the amount of time covered by your Mom's interest in the property.

    For example: If your Mom's interest is worth $30,000 and a nursing home costs $3000 per month, the state could just deny benefits for 10 months and your Mom (or her family) would have to come up with the $3000 per month for her care.

    Might be different if she lived in the property as her primary residence.

    You can learn more about WV Medicaid eligibility at the state's website:

    http://www.dhhr.wv.gov/bms/Pages/default.aspx

    There's a couple of phone numbers if you want to call up and ask questions:

    Member Services
    888-483-0797
    304-348-3365
    Monday - Friday
    8:00 am until 5:00 pm

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sat, Nov 16 2013 12:54 PM In reply to

    • marhar
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    Re: Elder care laws concerning multilple property ownership

    Thanks for the info.  

  • Sat, Nov 16 2013 4:58 PM In reply to

    • Drew
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    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,401

    Re: Elder care laws concerning multilple property ownership

    Dig deeper with knowledgeable resources but don't ask questions at the very place likely to be seeking recovery.

    The market value of a 1/5 share of some place not readily or legally subdivideable for separate use may be far less than. 20% of the whole.

    The current value of a well crafted long term intentionally convoluted  lease purchase option may be quite low as to sale value or current income stream value.

    BUT before you jump thru hoops you need to dig thru the bigger picture of all moms income and assets and Medicaid issues, inc SS ...Mom might not qualify due to other income...or assets.

    The issues are full of land mines to trap you if you try to hide assets or sell them for way in adaquate amounts.

    Its not my job as a taxpayer to pick up moms costs so that she can leave you an inheritance ...rules want people to address own resources first.

    There. Is some wiggle room..but take care.



  • Sat, Nov 16 2013 5:51 PM In reply to

    Re: Elder care laws concerning multilple property ownership

    Agree with Drew.

    You need to study the Medicaid website and any other information you can find about eligibility.

    Perhaps consult an Elder Law attorney.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sun, Nov 17 2013 1:07 AM In reply to

    Re: Elder care laws concerning multilple property ownership

    marhar:
    Can the state of WV force the other owners of the property to buy her out to get their portion for my Mom's nursing home care?

    No. But the state might place a lien on her interest in the property for whatever she owes the state for care. The state might start a proceeding to foreclose that lien, which could result in a court ordering the sale of the property with the proceeds divided up between the state and the other 4 owners. And, finally, as already discussed, the state might simply deny her benefits for some period of time. 

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