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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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Price - so just what was she paid for? What did she sell and get a lump sum payment for? You really are going to need more detailed information on just what she "owns" or has as an asset to be able to correctly identify it for Medicaid.
Medicaid in TX & LA is used to dealing with oil, gas & mineral stuff. Now the initial application will likely get a secondary review from the initial caseworker review. So it's important the whatever you put down is accurate. O&G is so common that listing income / payments from O&G is one of the ? that has to be answered in the annual renewal for Medicaid on page 2 of the renewal form. The payment - if it is large enough to throw off Medicaid for the month it's paid - can be amortized for the year so not an issue. This is similar to if they have an old life insurance policy which is paid up and produces a dividend - this is another income ? on the renewal. My mom had this & the dividend gets plowed back into the policy. Same thing, you report it and it's amortized so keeps them under the asset & income limits for Medicaid. Done all the time, no worries.
My first guess is that she sold a land lease, so that is what she was paid for. But she retained ownership of the property and can get royalty payments. If its a royalty lease, then she doesn't own it (the mineral) just whatever $ amount on the % passed through the leased land. The royalty dependent on current price for the mineral. And for more fun in all this, there is a difference between a royalty deed and a mineral deed. Royalty deeds do NOT actually transfer the mineral rights, but only a right to receive royalty from the mineral if & when it is produced. The grantor of the royalty retains the actual ownership of the minerals. Royalty deed seem to be more common and folks call them mineral rights but the actual document is really a royalty deed not a mineral deed.
My experience in all this was from when I was executrix for an aunt who had O&G and it was impossible for me to figure all this out & I'm pretty OCD on stuff but every document was something different and varied by county.Even within the same field. We had a landman out of Houston to deal with it and it was somewhat co$$tly & at the end the value was close to no value as they were only royalty on dead wells with long chains conveyance of titles. We're not talking Spindletop & this was years ago and way way before fracking even existed.
I'd suggest looking & carefully reading the documents to see what's what.
About her not receiving a monthly payment, that can make total sense. Often for production, they only pay when it meets a certain mark. Can be low like $ 10 in a quarter or could be like $ 100 annual before any royalty gets paid. If it's a dry well and produced next to nothing, they can go for ages before a check ever gets issued. Family may not even know of it's existence as it's been decades since production happened. When oil was low, it just wasn't worth dealing with older ones but the leases remained in effect. Prices are higher now plus all that fracking, so old wells are being reworked. Really even if she gets a payment next year, it is likely to be low. If this is a pass through like the 1/32nd of 1/10 of section # 1234 in field # 4567 situation typical lease, it won't be much ever. But think of all the learning experience your gonna get in all this! Good luck.
If it is not producing income, it will not affect benefits, BUT I suggest you read the document carefully to determine if it has market value. Let's say next year it produces income--- that income would have to go to her care. If the rights are sold or transferred, the market value would impact her benefits.
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.
Medicaid in TX & LA is used to dealing with oil, gas & mineral stuff. Now the initial application will likely get a secondary review from the initial caseworker review. So it's important the whatever you put down is accurate. O&G is so common that listing income / payments from O&G is one of the ? that has to be answered in the annual renewal for Medicaid on page 2 of the renewal form. The payment - if it is large enough to throw off Medicaid for the month it's paid - can be amortized for the year so not an issue. This is similar to if they have an old life insurance policy which is paid up and produces a dividend - this is another income ? on the renewal. My mom had this & the dividend gets plowed back into the policy. Same thing, you report it and it's amortized so keeps them under the asset & income limits for Medicaid. Done all the time, no worries.
My first guess is that she sold a land lease, so that is what she was paid for. But she retained ownership of the property and can get royalty payments. If its a royalty lease, then she doesn't own it (the mineral) just whatever $ amount on the % passed through the leased land. The royalty dependent on current price for the mineral. And for more fun in all this, there is a difference between a royalty deed and a mineral deed. Royalty deeds do NOT actually transfer the mineral rights, but only a right to receive royalty from the mineral if & when it is produced. The grantor of the royalty retains the actual ownership of the minerals. Royalty deed seem to be more common and folks call them mineral rights but the actual document is really a royalty deed not a mineral deed.
My experience in all this was from when I was executrix for an aunt who had O&G and it was impossible for me to figure all this out & I'm pretty OCD on stuff but every document was something different and varied by county.Even within the same field. We had a landman out of Houston to deal with it and it was somewhat co$$tly & at the end the value was close to no value as they were only royalty on dead wells with long chains conveyance of titles. We're not talking Spindletop & this was years ago and way way before fracking even existed.
I'd suggest looking & carefully reading the documents to see what's what.
About her not receiving a monthly payment, that can make total sense. Often for production, they only pay when it meets a certain mark. Can be low like $ 10 in a quarter or could be like $ 100 annual before any royalty gets paid. If it's a dry well and produced next to nothing, they can go for ages before a check ever gets issued. Family may not even know of it's existence as it's been decades since production happened. When oil was low, it just wasn't worth dealing with older ones but the leases remained in effect. Prices are higher now plus all that fracking, so old wells are being reworked. Really even if she gets a payment next year, it is likely to be low. If this is a pass through like the 1/32nd of 1/10 of section # 1234 in field # 4567 situation typical lease, it won't be much ever. But think of all the learning experience your gonna get in all this! Good luck.