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Pamfogo - so are you dealing with a post death NOI from MERP & there's a house? OR your a dpoa trying to plan out how to deal with MERP in the future and your elder still owns a home but in a NH or about to enter a NH on Medicaid?
My spouse was in a NH, passed away, and I now am trying to sell my home. The bill I received from Medicaid upon my husband's death in 2011 was for $49,000. I am on a fixed income and was hoping to realize a bit of money from the sale of the home to augment my income. I was hoping that it would be possible to negotiate the debt down so that I would have something left for me.
If you are living in the home, Medicaid should not attempt to recover from it until after you are gone. You should be able to sell it. But keep in mind that if you need Medicaid long term care in a NH or at (your replacement) home, you will have to "spend down" to have no more than $2,000 in assets. If Medicaid is dunning you, consider asking an elder lawyer to straighten things out (www.naela.org)
So presumably Medicaid has already been holding the charge against the home since 2011. Does anyone know how they tend to react if the surviving spouse is facing hardship? Will the length of time before opening negotiations make any difference?
My Aunt died with a Medicaid lean on her home for $23k. She collected SSI and Medicaid was he health insurance. Her disabled son is being allowed to live in it since he was at the time of her death. If he sells the house, he owes the 23k. I think this is something u need to discuss with Medicaid.
Medicaid may not go for that. This is an asset that they allowed her to live in. If she and her husband are on the deed maybe they will only base the amount on his half. She needs to talk to Medicaid.
Pateye - Pamfogo is dealing with MERP - Medicaid Estate Recovery program. If you go onto Medicaid after age 55 - whether NH Medicaid or community based - and it's after your state added Bush Deficit Reduction Act to state laws, your state is required to attempt a recovery or repayment of all medicaid $ paid from the assets of your estate.
Pamfogo - Yes & theres been a couple on this site who have gotten a reduction. Kids dealing with parents under 100K value homes who had property expenses. It's a somewhat different situation than a spouse.
So have you spoken with either the state or it's outside MERP contractor? If it's a contractor, there are 2 main ones and they get a % of the recovery so more of a debt collector approach. But whichever it is, all must adhere to state laws as to collections, probate, property rights & recovery rules.
To me, I'd be trying to find out if you could just outright qualify for an total exemption or exclusion to recovery. Did you get a NOI (Notice of Intent) back in 2011 within 6 mos of his death & was there a questionnaire with information as to exclusions and exemptions so that you could do any, and if so, did you fill it out and file for any? If you're on fixed income, there is a low-income exemption. Also some states do an exclusion for any recovery if a surviving spouse. Theres a whole bunch of others. If you qualify for one, say so. If there seems to be an issue, I'd contact a NAELA atty to look into.
Did you possibly open probate with house transferred to your name? If so, did state file a claim for 49K? Talk with your probate atty.
Is there a lien? 2011 - 5 years ago. Your state may have a statute of limitations for lein placement. There was someone on this site who was going to just pay taxes for 10 years and then file for a heirship transfer as his statute of limitation is 10 years. Not an approach I would do, but for some it could work. You can probably go on-line to courthouse records to see if any lein placed onto property.
There probably needs to be something definite done as getting clear title for sales for owners 55 and over if Medicaid was ever involved will require some sort of "release of estate recovery" document. If the property is to be sold to somebody getting a mortgage, they are going to likely need to get mortgage insurance which means clear title. There is a article in Stargazer a couple of years back on the position title companies are in for doing title insurance. If you Google Stargazer MERP Texas, it should come up. Good luck in all this and I hope you are able to get things done with minimal worry, time and cost.
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.
OR your a dpoa trying to plan out how to deal with MERP in the future and your elder still owns a home but in a NH or about to enter a NH on Medicaid?
Her's is 49K from her hubs Medicaid in 2011.
So have you spoken with either the state or it's outside MERP contractor? If it's a contractor, there are 2 main ones and they get a % of the recovery so more of a debt collector approach. But whichever it is, all must adhere to state laws as to collections, probate, property rights & recovery rules.
To me, I'd be trying to find out if you could just outright qualify for an total exemption or exclusion to recovery. Did you get a NOI (Notice of Intent) back in 2011 within 6 mos of his death & was there a questionnaire with information as to exclusions and exemptions so that you could do any, and if so, did you fill it out and file for any? If you're on fixed income, there is a low-income exemption. Also some states do an exclusion for any recovery if a surviving spouse. Theres a whole bunch of others. If you qualify for one, say so. If there seems to be an issue, I'd contact a NAELA atty to look into.
Did you possibly open probate with house transferred to your name? If so, did state file a claim for 49K? Talk with your probate atty.
Is there a lien? 2011 - 5 years ago. Your state may have a statute of limitations for lein placement. There was someone on this site who was going to just pay taxes for 10 years and then file for a heirship transfer as his statute of limitation is 10 years. Not an approach I would do, but for some it could work. You can probably go on-line to courthouse records to see if any lein placed onto property.
There probably needs to be something definite done as getting clear title for sales for owners 55 and over if Medicaid was ever involved will require some sort of "release of estate recovery" document. If the property is to be sold to somebody getting a mortgage, they are going to likely need to get mortgage insurance which means clear title. There is a article in Stargazer a couple of years back on the position title companies are in for doing title insurance. If you Google Stargazer MERP Texas, it should come up. Good luck in all this and I hope you are able to get things done with minimal worry, time and cost.