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Dad just got transferred to a nursing facility with occupational and physical therapy to his care. Don't know if his heart can take it being he's got severe heart failure along with low bp when he stands to try to walk. My brother's and I are looking into removing my dad's name from the house in order to protect it. Can it still be done?

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You cannot legally do this, imho.
However, as this is complicated and a legal matter in which you cannot afford to be wrong I would consult with an elder law attorney for your options.
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Reply to AlvaDeer
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Not legal, that is what his money should be used for him, not for your inheritance, if there is any left great if not so be it.

Getting him on Medicaid should be the last resort, most have shared rooms and poor conditions.
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MarkCh2024 Sep 27, 2024
Trust me when I say, inheritance was not the issue, and when the parent receives too much monthly and has a home and suddenly had to go into nursing facility, gradually getting worse. All we are looking for is HELP, to get them the care they deserve.
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Medicaid has a 5 year look back into finances for precisely the reason you mention. Hiding assets.

You sell dad's home to get him the best care in a private room in a private pay facility rather than "protect the house" for your inheritance. Why else did dad work his whole life? Surely not for some second rate Medicaid nursing home in a semi private room with a curtain separating him from his roommate. That's for folks with NO assets.
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ArtistDaughter Aug 1, 2024
Actually, my mom was private pay in a fancy nursing home ($12,000/m) and was put in a room with a curtain between her and a roommate. The roommate took up most of the room with furniture and had her tv turned up loud all day long. I'd hate to think what sort of room someone on medicaid got. Maybe it was all the same. I never asked.
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I agree to sell the house to pay for the best care and accommodations, as it may be too late to do any protecting from Medicaid if you're in a 5-yr lookback state (since Medicaid rules vary by state). This is why you need to consult with an elder law attorney and/or Medicaid Planner for your Dad's home state.

A Medicaid room is almost always a shared room and using only doctors and clinics that accept Medicaid, which is not many. If your Dad has "severe heart failure" what prognosis does his cardiologist give him? Five years, or less?

I'm not judging you or your family but the expectation of inheritances can cause people to make some very ill-advised decisions. Does your Dad have an assigned PoA for medical and financial? A Living Will or POLST? A Last Will with an assigned Executor? If not, this is what he (and you) should be doing right now.
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Reply to Geaton777
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You don’t get to scam the taxpayers so you can get a free house, sorry.
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Reply to ZippyZee
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If dad is on Medicaid currently, the house is exempt from the nursing home taking it. After death, your state Medicaid may lien the property for the amount Medicaid paid. They don’t get paid back until the house is sold.

If dad is not on Medicaid, putting his property into your name will preclude him from receiving nursing home Medicaid for five years. Without Medicaid, the house likely would have to be sold to finance his care.
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Reply to PeggySue2020
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Selling his home will give him a couple of years of private pay in an SNF. Find him a good place that takes Medicaid (one that your family likes because there are vast difference between good and bad). These good ones have long wait lists for a Medicaid bed however if dad is already a resident for several months, he goes to the top of the list when the application is made. If he passes before spending his money then you will usually go through probate with your brother. Transferring the title will be much more of a headache for that Medicaid application because he will be denied and dad will be your personal problem.
To assist you in finding a good facility in your area, speak to someone who knows your area very well. It will probably be only a couple hours of work in spite of their costs. Try https://www.aginglifecare.org/
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Reply to MACinCT
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No. And why should it be protected? Assuming the house is paid for, and even if not, your father built up equity in the home which now should be used for his benefit and care. I dont get why you think it should be protected.

My mom moved to facilities and her house was sold, and my brothers and I want those proceeds to go to the best care for her. We dont expect to inherit it.

Even if a clever lawyer could somehow to engineer this from a legal point of view, I believe it is not right to protect these resources in order to get taxpayers to pay.
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Once again (gee this gets old) advocating for the so called terrors of using Medicaid. My mother went into the best nursing home in her city, private pay, using a LTC policy bought at great expense. In what seemed like no time the policy was exhausted. Then my dad paid until that became untenable. There was no choice but to use Medicaid. The application process was seamless. From private pay to Medicaid my mother remained in the same room and received the exact same kind and competent care. There was a roommate either way. The nursing home typically paired residents with similar circumstances. We had 2 different roommates in 4 years and zero issues with either one. Nursing home level care is expensive and costs someone a lot. To try to get out of paying to save a house or inheritance is simply shameful. Medicaid is our country’s attempt to help those who cannot afford such expense, and bilking the taxpayers who fund it is inexcusable
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Karsten Aug 1, 2024
well, your family did it the right way. Too bad the long term insurance had to lapse after I assume a lot was paid into it already

But yes, medicaid is for people like you who did all you could for as long as you could.
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Medicaid rules vary state by state. But they are wisening up to loopholes .
For example, you can qualify for Medicaid in my state without selling your primary home. But from my understanding, after death, the state will substract all of the state's costs to pay for care from the estate before the heirs get any money.....
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Reply to strugglinson
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Musicdiana69, welcome to the forum. Please fill out your Profile so we can get a better understanding of your father's needs.


Please note, even if your Dad could transfer title (he would need to do this, you can't) of his house over to you and your brother, later down the road when you sell the house, there will be huge income tax implications to deal with, and more so if you both don't make the house your primary residence. An Elder Law Attorney or CPA can explain.


It is much better to inherit the house if your father has zero mortgage balance. If he still has a mortgage, then you would need to "assume" his mortgage (only if it is assumable) or get a new mortgage.


Let him use the equity in the house to pay for his care. That is why us old timers like to pay off our mortgage, the equity helps us with cost related to situations such as your Dad's.
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dhalpern Aug 8, 2024
Excellent answer!
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If there is a possibility that your Dad will need Long-term care within the next 5 years, he cannot transfer his house over to you. It is an asset that Medicaid can recover the money used to care for Dad. If he goes on Medicaid, his house and car are exempt assets that become assets at his death. If sold while alive, they must be sold at Market Value and the proceeds used for his care. If not sold during his life, then Medicaid can recover. A letter will be sent to who the NH has down as a contact. That letter will ask what assets the recipient may have. You tell them the house. If you were living in the house for 2 yrs caring for Dad, then you claim cargiver allowance. Disabled child living in the house or that was your residence for a number of years, you claim that. You may be able to stay in the house but will need to prove you can keep it up. A lien will be put on the house so if u leave or die, the house will need to be sold to satisfy the lean.

At this point make no changes to Dads Bank accounts otpr assets. If you have no POA and Dad is of sound mind, get them done.
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Reply to JoAnn29
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Musicdiana69: As it relates to Medicaid, a house is a non countable asset.
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Daughterof1930 Aug 7, 2024
Since when?
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I don’t quite get all the negativity towards protecting one’s assets from greatly overpriced nursing home care. No where in my dad’s life did his living expenses come anywhere close to the monthly cost of AL or nursing home costs. He was adamant about his hard earned assets going to his children. He also paid his fair share of taxes for 80 years to help fund Medicaid and other similar programs. Why should he not be eligible to some of these benefits in his time of need? After all, he worked hard and paid into the same system that would be helping him. Social Security is minuscule and VA benefits are extremely difficult to obtain. I of course would forgo my share of any inheritance for my dad’s care, but would do so knowing that this is not what my father would have wanted.
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waytomisery Aug 8, 2024
Perhaps your father did not understand that starting out as private pay would give more facilities to choose from .

A lot of facilities will not take someone unless they are private pay for awhile before going on Medicaid .

Something to consider maybe ?

Going on Long Term care on Medicaid from the start , could result in Dad being placed fairly far away from family depending on where a Medicaid bed is available .

If he was to start out at a facility that requires some private pay before going on Medicaid , this is usually a way to get in a better facility and be close to family .
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DJBeach, I know it was an eye opener when my Dad needed 3-shifts of caregivers at his house which was costing him $20k per month, to which the caregivers were wonderful and earned every penny. Then Dad decided to sell his house and use the equity for a senior living facility. At the time he was paying $5k per month, and later $7k per month for Memory Care, it's a lot more now. And he was paying $12k per month for my Mom to have around the clock care at a skilled nursing home.


That is why I am letting hubby's grown children know the cost of aging, and what to expect later down the road. That way they are not in the dark. That yes, the equity in our house will help pay for senior living/memory care, along with our "rainy day" savings.


Yes, the cost is expensive for senior living/nursing home, but we usually don't see the behind the scenes costs involved. The highest cost for these facilities is labor for skilled workers and Adm. Just imagine what the facility's grocery bill is like. We think our electric, gas, and water is costly, imagine it for a facility. Then there is a huge cost of liability and building insurance. Maintenance costs, indoors/outdoors. City/County business taxes. Annual property tax. Cost of accountants and attorneys. Let's not forget the construction mortgage payment each month. The list goes on and on. Unfortunately, Medicaid payment for room/board/care is almost bare bones, so to make up the difference self-pay rooms are more expensive. Medicaid is funded by us taxpayers.
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waytomisery Aug 9, 2024
I worked in an SNF facility a long time ago that went out of business, shutting down slowly , once it hit the mark where 5O % of the residents were Medicaid .
The admin director told me it was not sustainable for the nursing home to be able to stay afloat. It was a shame , it was an older family owned facility that could not compete with the new fancy looking facilities being built by these chains . These chains have multiple facilities, where maybe some facilties that bring in more money help prop up the others .

This older family SNF I worked at only owned the one facility .
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This is post is from August. OP has not responded.
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Thanks JoAnn for reminding us that this is older question already answered and OP hasn't returned. Once again, I forgot to LOOK!
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