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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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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.
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Jeanne - yes you're right this in the long run does benefit the state. In my mom's neighborhood there are about 6 houses that have totally gone blighted as the owners are in NH and there is no $ from family to maintain.
Shaidet - Go onto your state's Medicaid site to see how they handle the MERP program. MERP - Medicaid Estate Recovery Program - is what you will be dealing with on the house after your mom dies.
I am in a similar situation, my mom is in a NH now for a couple of years and still has her empty house with it's homestead exemption.I & another family member pay for all expenses related to the home (insurance, taxes, utilities, repairs, etc). In her state - Texas - under Texas Administrative Code Chapter 373 & Rule 373.213 all reasonable expenses made to maintain the empty home are deducted from the MERP claim against the deceased estate. We have 60 days to file this after death. We are riding this out out till probate and the rules seem to be written based on MERP's claim or lien being done through probate. In TX, MERP is a class 7 claim so it's low on the list to be paid but still happens. In other state's, it's a lien with equal standing to all other creditors, so MERP happens more. In MS, MERP is an equal claim but the first 75K of the home's value is exempt if an active homestead exemption has been maintained. Yep, confusing but my point is each state's law on death, estate & probate is just so important in how it is done.
I don't know exactly how the expenses are handled when the house is sold before death but you should be able to deduct your expenses from the proceeds of the sale of the house.I'd contact your state's MERP program to see how they handle this now and in advance of the actual sale. Personally, I'd do a list of all you've spent with documentation and have it all notarized at the ready to produce at the act of sale.
Also I'd ask a couple of Realtors to see what their experience has been with these type of sales. I know that some Realtors just flat will not take a listing that has a Medicaid encumbrance on it because there tends to be paperwork issues which increase the timeline and queers the deal. In TX, there is an actual document that MERP must issue in order for the property to be released from the Medicaid encumbrance & without it, no sale and there will be no clear title. Most of the time when you as the seller do a real estate listing you have to indicate if there is any encumbrance on the property - like the owners are divorcing and 1 of them is signing over ownership to the other but divorce not final at the time they put it on the market. Being on Medicaid means there is an encumbrance on the property that needs to be disclosed just like disclosing that there are foundation issues or that the appliances are not included.
MERP rules were done back in 2000 - 2005 when real estate was totally all a go-go & no thought out as to there ever being a possible real estate cratering.
Let us know what you find out from your talk with someone in the MERP office.
Since Mother is on Medicaid, the state has a claim on the house when she dies. I believe that you could/would be paid back your expenses before they take their share.
It seems to me that you are keeping the house up for the benefit of the state. Perhaps it would be more efficient and easier on you to sell the house now. The money would be used for your mother's care. I'm not at all sure how that works ... whether it would be "pay back" for the care she's already gotten or if Medicaid would be suspended until those funds were gone, or what. Maybe someone else will have experience to share.
If it were me, I would consult a lawyer specializing in Elder Law. Find out what, exactly, your state's practice is regarding the sale of a home of a Medicaid recipient, either before or after the owner dies. Is there any benefit to you continuing to maintain the empty house?
I hope someone wit more specific knowledge will drop by soon. To help with that answer, are you living in the house? Were you living with/caregiving for your mother before she went to the NH?
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.
Shaidet - Go onto your state's Medicaid site to see how they handle the MERP program. MERP - Medicaid Estate Recovery Program - is what you will be dealing with on the house after your mom dies.
I am in a similar situation, my mom is in a NH now for a couple of years and still has her empty house with it's homestead exemption.I & another family member pay for all expenses related to the home (insurance, taxes, utilities, repairs, etc). In her state - Texas - under Texas Administrative Code Chapter 373 & Rule 373.213
all reasonable expenses made to maintain the empty home are deducted from the MERP claim against the deceased estate. We have 60 days to file this after death. We are riding this out out till probate and the rules seem to be written based on MERP's claim or lien being done through probate. In TX, MERP is a class 7 claim so it's low on the list to be paid but still happens. In other state's, it's a lien with equal standing to all other creditors, so MERP happens more. In MS, MERP is an equal claim but the first 75K of the home's value is exempt if an active homestead exemption has been maintained. Yep, confusing but my point is each state's law on death, estate & probate is just so important in how it is done.
I don't know exactly how the expenses are handled when the house is sold before death but you should be able to deduct your expenses from the proceeds of the sale of the house.I'd contact your state's MERP program to see how they handle this now and in advance of the actual sale. Personally, I'd do a list of all you've spent with documentation and have it all notarized at the ready to produce at the act of sale.
Also I'd ask a couple of Realtors to see what their experience has been with these type of sales. I know that some Realtors just flat will not take a listing that has a Medicaid encumbrance on it because there tends to be paperwork issues which increase the timeline and queers the deal. In TX, there is an actual document that MERP must issue in order for the property to be released from the Medicaid encumbrance & without it, no sale and there will be no clear title. Most of the time when you as the seller do a real estate listing you have to indicate if there is any encumbrance on the property - like the owners are divorcing and 1 of them is signing over ownership to the other but divorce not final at the time they put it on the market. Being on Medicaid means there is an encumbrance on the property that needs to be disclosed just like disclosing that there are foundation issues or that the appliances are not included.
MERP rules were done back in 2000 - 2005 when real estate was totally all a go-go & no thought out as to there ever being a possible real estate cratering.
Let us know what you find out from your talk with someone in the MERP office.
It seems to me that you are keeping the house up for the benefit of the state. Perhaps it would be more efficient and easier on you to sell the house now. The money would be used for your mother's care. I'm not at all sure how that works ... whether it would be "pay back" for the care she's already gotten or if Medicaid would be suspended until those funds were gone, or what. Maybe someone else will have experience to share.
If it were me, I would consult a lawyer specializing in Elder Law. Find out what, exactly, your state's practice is regarding the sale of a home of a Medicaid recipient, either before or after the owner dies. Is there any benefit to you continuing to maintain the empty house?
I hope someone wit more specific knowledge will drop by soon. To help with that answer, are you living in the house? Were you living with/caregiving for your mother before she went to the NH?