First I’m 52, a triple amputee, blind in my left eye and live alone in rural Arizona. I have full Medicare and Medicaid benefits thankfully.
My mother was my caregiver until she had a stroke in 2011. She owns the house legally and put me in her will as sole beneficiary. She now lives in an assisted living place and I live in the home alone.
Recently I received a letter from the government that said they were putting a lien on the home, I had previously been told that this would not happen because of my disability.
Does my mother or myself have any rights regarding this issue? Is there anything I can do? I’d like to continue living here but unfortunately have nothing to offer an attorney other than a sad story..
Any helpful advice appreciated as if they take my mother's modified home from me I will no longer be able to live independently.
Sincerely,
Sebastian
something sounds fishy
what department of the government sent you the letter?
what is the reason for the lien?
what is the amount of the lien ?
What is the value of the property?
They cannot take a home that is worth more than you owe
do you have a title policy?
Arizona is a Homestead state so there are laws that protect your primary residence as well as your only vehicle
https://statelaws.findlaw.com/arizona-law/arizona-homestead-laws.html
are you on Indian Land? Indian Leased Land is different but you gotta be really behind in Land rent before the BIA will start termination
Your forgot to say Why there's a line. So I'll tell you my experience.
My husband owned over 100,000 in taxes. State & federal. Didn't have it, plain n simple.
So 3 liens slapped on our beautiful home. No big deal while living in it, know that first off. Ok?
All it means is this:
They want money any way possible. They do a search for property, they found it. Placed liens saying the following;
We' get our money on this!!!
Your sell, we get paid first in line.
That' it....
No one moves, loses home, has to move out, disabled or not!
That is info for USA.
Also: we ended up selling, government got paid, & we got the rest. :)
Oh, also it's your mom's home as well right? Or yours?
Eitherway, pls RELAX you aren't needing to move.
Enjoy the peace of mind & Google it, that's how I got my info in the beginning. No attorney needed.
Cindy
Is mom on ALTCS? If yes, that is most likely what the lien is about. Have your brother send you a copy of the document and have that in front of you when you call.
For anyone else reading this..suggestion..sale the home before getting Medi-Cal benefits.
www.saleyourhome.org
I am a social worker, as well as a Realtor.
I'm appalled to read in posts that it doesn't need to be taken seriously. It DOES!
a will is solid unless someone changes or put an addendum to it.
The State and federal government has too much to say when someone has a disability.
Im so caught in the middle of legal debate on what makes me disabled.
if I want to move or need to go to a nursing home they use my money first and then put me on Medicaid and I’m not a fan of that.
aA person has the right to stay in their own house unless there is a reason for a lien such as taxes not paid.
can you seek legal assistance? And maybe you could put the money towards assisted living
Are the putting the lien against house for the care she has been receiving or for some other obligation?
Good luck.
Liens are staking a claim to debt owed - more often when the owner of the property wants to sell , that is when the lien is actually is discovered and paid. To sell a property, it must have clear title before transfer.
SO, when it comes time, whether DEATH/PROBATE, or the sale of the property - A preliminary title report is ordered , and that's where the lien will show up. All liens must be paid before BEFORE THE SALE is complete so BUYER has CLEAR title.
Make sure the taxes are paid!
We had a lien on a property for years . .several in fact. Didn't know anything about them until title search came up. We had to pay off the liens before completing the sale of the property. The Liens were for UNPAID Weed Abatement bills that mom didn't pay for some reason back in the 70's. Luckily those liens didn't amount to much (in relation to the value of the property) - under $2000.
Now , What is the lien for? You said its from the government? What government?
Get all the details and then start the fight if you need to. Lots of other great advice from others here to pull it all together.
If it is not in writing that you are the sole beneficiary, I would get that ASAP. You may not need an attorney. Sites like Legal Zoom have some paperwork but I would definitely try to find an attorney that donates time who is an elder law atty. The Bar Association in the area you live in can help find an attorney in Elder Law that does volunteer work. Also, a University that has a law school might be able to assist.
The first thing I would do is find the number of the office of the Govt. that contacted you. Don't just call the number in the letter bc it could be a scam. Look up that number online or in phone book and call and find out why they put a lein on her house. Some cities have tax relief programs for those below a certain income level.
Than try to find an atty that volunteers or works on a sliding scale to secure the home for you. Whether that be a will, or a trust. Each state is different.
Don't get too worried. This is a good reason for you to make sure everything is going to work out the way your mother wanted it.
I hope that helps somewhat.
Medicaid is running a sly operation and this year, I got up to my tricks to avoid having health.gov force me to use them.
The "Estate Recovery Program" is described right in the middle of their application and proves that Medicaid is not an insurance, it is a lending company similar to a credit card.
They never send you your bill and never let you know how much you owe then and it is very underhanded.
A "Medicaid Trust" is something I have only heard a brief description of but you need an attorney who can discuss it with you in detail.
Also, I recently visited a lawyer (not pertaining to healthcare) who looked at me like a spotlighted deer and adamantly refused to do her part and I immediately arranged for a more capable lawyer to help me with my case, so please be careful who you let work with you.
If you're still here, could you please provide the clarifications asked, specifically by BarbBrooklyn and others, as to exactly:
1. Who is the lien directed to, i.e., you or your mother (a/k/a lienee? And, what if any action is specified to be taken by the lienee?
2. Is the lienor (entity filing the lien) Medicaid? Or some other entity?
3. What, if any, action is advised to be done by your mother or you? And are there any deadlines specified?
If you've decided on another course of action than relying on advice here, by all means follow the suggestions given to get pro bono legal help so you can develop a plan of action, if needed.
It's not my intent to criticize anyone for attempting to provide information, but it's clear that some in their desire to be helpful are providing erroneous information, such as ignoring the lien. That's a potential financial disaster.
As I've emphasized, liens CAN be subject to interest which may accrue until sale. Depending on the size of the lien and the current money rate, they could actually double over time. This obviously DECREASES the equity available at the time of sale.
they pay off mortgages for disabled vets
And...I've been contacting organizations that assist Vets, First Responders, Medical and Educators, in finding homes. So this is a charity that interests me; I intend to contact them.
Thanks for your diligence in locating this agency.
Sounds like they have a very close relationship. There also is something called a "CAREGIVER TRUST". he doesnt need to flip out, just get to legal aide. Geez. Come on. Were supposed to be helpful not negative.
Typically if someone owns property, Medicaid will place a lien on that property to recoup the funds expended for the person's care - this is usually done at the time of sale after the principal passes away. In your case, being disabled, they won't be able to toss you out (there are rules for others who reside there but are not disabled.) What they do after you move out or are gone, I have no idea. There is a statement within the document pointed to below that goes over Nevada law. When you open this link, search for the section quoted (there is a LOT of info, but this is the section that most applies to you.)
Certainly you don't want to ignore the lien, but there should be a way to let them know that you are living there, are intended to inherit it AND are disabled. Whoever it is that handles the filing of the liens more than likely has no idea you live there or that you are disabled. If at all possible, see if you can find pro bono legal advice, or at least an attorney that can give you a break.
From:
https://aspe.hhs.gov/basic-report/medicaid-liens
under:
"LIENS AND RECOVERIES ON HOMES CONVEYED TO SURVIVORS OF DECEASED MEDICAID RECIPIENTS"
States are prohibited from making estate recoveries:
During the lifetime of the surviving spouse (no matter where he or she lives).
From a surviving child who is under age 21, or is blind or disabled (according to the SSI/Medicaid definition of disability), no matter where he or she lives. (Recovery may take place when the child no longer meets these criteria.)
When a sibling, with an equity interest in the home, lived in the home for at least 1 year immediately before the deceased Medicaid recipient was institutionalized and has lawfully resided in the home continuously since the date of the recipient's admission.
When an adult child lived in the home for at least 2 years immediately before the deceased Medicaid recipient was institutionalized, has lived there continuously since that time, and can establish to the satisfaction of the State that he or she provided care that may have delayed the recipients admission to the nursing home or other medical institution.
In these instances, the designated survivor(s) can inherit the home and other assets to use as they wish. Some states waive recovery altogether, while others reserve the right to recover at a later time -- e.g., when a child attains age 21 or when the sibling or adult child moves out of the home.
Federal law requires all states to incorporate the following protections for Medicaid recipients into the design of their estate recovery program:
Recipient protections in Medicaid estate recovery
The State should notify Medicaid recipients about the estate recovery program during their initial application for Medicaid eligibility and annual re-determination process.
The State must notify affected survivors about the initiation of estate recovery and give them an opportunity to claim an exemption based on hardship.
The State must establish procedures and criteria to waive recovery if it would cause undue hardship.
Key words to note in the second "State" paragraph: give them an opportunity to claim an exemption based on hardship.
You should MORE than qualify for an exemption. If denied, I would find an attorney who would fight for you and charge THEM! Any judge who sees a triple amputee who is also blind in one eye will likely SLAP them silly!
I also love in Az. Please see if your county council on aging. Tell them about your circumstances. I understand your in Rural AZ. That can be a big obstacle- I hope you can get this resolved.
Since your mother is still alive, the house is not yours, it is hers and if she is in need of care and has no money to pay for her care, they will come after her home because that is her only asset. You should be worried.
If she had put the house in your name five years ago or at the very least added your name to the title, you would stand a better chance of keeping the house...
I read the post previous posts and there may be some hardship exemptions...bottom line is you need help navigating all of this. Call upon every disabled organization you can to help!
And yes, there are still questions about what debt his mother actually has....back taxes, Medicare/Medicaid??? No one knows and crippledguy hasn't clarified.