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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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If a house has been transferred from a Medicaid applicant to the community spouse, what are the implications if the community spouse were to sell the house?
Have you talked with lawyer? Once sold, the home is not an exempt asset and the sale might send combined assets over legal asset limit. It’s also not good to make changes during the process once application is submitted if it’s not approved yet.
We won't do anything until talking with a lawyer, and until the application is approved. I was just trying to get some information ahead of time for planning purposes. I'd like my dad to move closer to his kids, which would involve selling his house.
I’m with GusetShoppe on NOT doing anything till after she’s deemed eligible for Medicaid.
But he can then sell the house, Medicaid cannot force him to continue to live in the home or stay in the same city. Medicaid cannot enslave the CS to live in the same city. He can be a CS aka a community spouse anywhere in the state. The issue will be imo if the sale of the home causes them to make a profit cause if it does, assuming state of N.Y. has home viewed as community property so that 50% profit is hers and will take her over the usual maximum 2k in exempt assets. He’s probably going to need it to be either a “lateral” housing buy (both cost the same) OR if he as a CS for NY state rules is allowed 119k in exempt assets and he doesn’t have this amount already set aside then buy a home that uses up all the $ less whatever to get to the magical 119k - this would be sticky to do and I’d run this plan by a NAELA atty to make sure it can work for how your state looks at CS situations.
Whatever the case, the selling of old house & buying of new house has all to be done within the same month. So say casa #1 act of sale for 348k is set for the 4th of the month, then he buys casa #2 for 348k by at least mid month so there is no-none-zero profit from the sale of the old homestead to her at EOM. He might want to actually buy a home slightly above whatever old house sells for, so no Medicaid “but there was a profit realized” nonsense. The goal is that Her beginning of the month starts ok for Medicaid and ends ok for Medicaid. Doing stuff like this is gonna require a really really good Realtor for both properties.
Also so you might want to proactively ask the Realtor if for title company searches if they (title co.) have some sort of medicaid lien document needed. If a release is needed, it could totally screw the pooch in getting things done in a timely manner. The buyer of casa #1 may not be able to wait out a Lien release - cause their mortgage co has a time limit on how long their offer holds - if Medicaid places these and footdraggs. The Realtor may not know abt Medicaid liens. But the title companies will. Really dad does not want to be set for Act of Sale and a medicaid Lien surfaces. Ask the Realtor which title company they usually use and contact them.
Also remember, her Medicaid Estate recovery action possiblility does carry over to get placed upon the new house. Whether or not state goes after property if he outlives her is very dependent on your states laws as to how Medicaid does this. Some states do and some state do not do a recovery action for surviving spouse.
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.
But he can then sell the house, Medicaid cannot force him to continue to live in the home or stay in the same city. Medicaid cannot enslave the CS to live in the same city. He can be a CS aka a community spouse anywhere in the state. The issue will be imo if the sale of the home causes them to make a profit cause if it does, assuming state of N.Y. has home viewed as community property so that 50% profit is hers and will take her over the usual maximum 2k in exempt assets. He’s probably going to need it to be either a “lateral” housing buy (both cost the same) OR if he as a CS for NY state rules is allowed 119k in exempt assets and he doesn’t have this amount already set aside then buy a home that uses up all the $ less whatever to get to the magical 119k - this would be sticky to do and I’d run this plan by a NAELA atty to make sure it can work for how your state looks at CS situations.
Whatever the case, the selling of old house & buying of new house has all to be done within the same month. So say casa #1 act of sale for 348k is set for the 4th of the month, then he buys casa #2 for 348k by at least mid month so there is no-none-zero profit from the sale of the old homestead to her at EOM. He might want to actually buy a home slightly above whatever old house sells for, so no Medicaid “but there was a profit realized” nonsense. The goal is that Her beginning of the month starts ok for Medicaid and ends ok for Medicaid. Doing stuff like this is gonna require a really really good Realtor for both properties.
Also so you might want to proactively ask the Realtor if for title company searches if they (title co.) have some sort of medicaid lien document needed. If a release is needed, it could totally screw the pooch in getting things done in a timely manner. The buyer of casa #1 may not be able to wait out a Lien release - cause their mortgage co has a time limit on how long their offer holds - if Medicaid places these and footdraggs. The Realtor may not know abt Medicaid liens. But the title companies will. Really dad does not want to be set for Act of Sale and a medicaid Lien surfaces. Ask the Realtor which title company they usually use and contact them.
Also remember, her Medicaid Estate recovery action possiblility does carry over to get placed upon the new house. Whether or not state goes after property if he outlives her is very dependent on your states laws as to how Medicaid does this. Some states do and some state do not do a recovery action for surviving spouse.