Posted on 07/31/2023 4:28:46 AM PDT by jacknhoo
A spouse would still have a lien on the house, but would be "allowed" to live in it. Otherwise the house would have to be sold upon his death to repay Medicaid. There may be exceptions for a disabled child, but I didn't pay attention to that part. Fortunately because of some very good insurance Dad has not gone on Medicaid yet.
It's brutal, but should the government (i.e. me and other taxpayers) pay so you can inherit your parents' estate?
The heirs will never have to pay medicaid after an ancestor's death. It's the ancestor's estate that may be liable. In this case, Medicaid had imposed a lien on dear Rebecca's father's house and is now threatening to foreclose, as is its right, which would displace dear Rebecca from "the only place she's ever lived." Dear Rebecca thinks they shouldn't be able to do that and we taxpayers should take the hit instead.
This is a good explanation:
https://www.dhclaw.com/library/medicaid-and-assisted-living-benefits-in-florida.cfm
Medical bills are typically resolved with the estate. Medicaid is not entirely free of charge.
If I were her, I’d either:
-Pay the 56k out of pocket.
-Get a home equity line of credit and pay out of that.
-File bankruptcy
How much js recouped from Illegals that receive aid?
This is Medicaid (not Medicare). It provides medical services to poor people. There are very stringent requirements about who is qualified to receive it. People lie all the time about their income and assets in order to receive Medicaid. If Medicaid finds out someone was receiving payments who wasn't entitled to them, they will go after that person. This is a good thing.
This is information on pre-death protected asset transfers:
https://www.payingforseniorcare.com/medicaid/caregiver-child-exemption
My MIL had to liquidate her home to pay for her assisted living. She worked hard her entire life, starting when she was a little girl in a mill village and then a farmer’s wife.
All these people who have only lived off of others and collected welfare while screaming about ‘injustice’ are sickening to me.
There is a way around this. Get a Lady Bird Deed. We did this with my inlaws and they could not touch the house.
It sounds like the lien is on the decedent’s estate, not actually owed by the heirs.
In NJ, a man I knew was abused by his father and moved away at 18. Thirty years later, his estranged father died after several stunts in prison and then nursing home. Hadn’t seen each other for decades.
He got a bill from NJ for hundreds of thousands of dollars of care because they do, indeed, have a law making the children responsible for the debts of the parents.
When it was time to put dad in a home, he was one of the only ones actually paying. Most were on Medicaid. You have to be destitute to be on it. There are ways to appear that way, basically giving your estate to your kids. Tricky to do now.
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Your mom does not have activist groups ready to declare the place racist if she doesn’t get excellent care.
In fact, there WILL be lawsuits if a white woman gets better care, in any way, than the welfare crowd.
Um, unless I have a gross misunderstanding of Medicaid, I don’t see the problem as outlined by some.
Those receiving it are supposed to ‘spend down’ their assets; in this case the government is doing its job properly by going after remaining assets of the deceased to pay their debt.
The family shouldn’t be bitching (unless they’re lefties, who obviously feel entitled to everything).
The Medicaid people will look back three YEARS looking for assets that may have been unloaded to family in order to qualify as Medicaid-eligible.
It’s best to start thinking about dealing with visible assets well before needing long-term nursing home care.
I don’t put the label on it. That’s how it’s classified by the government.
You pay into SS, so you are entitled to it at retirement age.
(H) The ODM [Ohio department of medicaid] director, or designee, may grant an undue hardship waiver on a case-by-case basis when there are compelling circumstances.
(1) ODM may, at the sole discretion of the ODM director or the director’s designee, waive estate recovery when recovery would work an undue hardship on an individual’s survivors. Undue hardship may be found in the following cases.
(a) The estate subject to recovery is the sole income-producing asset of the survivor, such as a family farm or other family business, which:
(i) Produces a limited amount of income, or
(ii) Is the sole asset of the survivor.
(b) Without receipt of the estate proceeds, the survivor would become eligible for public assistance.
(c) Recovery would deprive the survivor of necessary food, shelter or clothing. Deprivation does not include situations in which the survivor is merely inconvenienced but would not be at risk of serious harm.
(d) The survivor provides clear and convincing evidence of substantial personal financial contributions to the deceased individual, creating an equity interest in the property.
(e) The survivor is age sixty-five or older and financially dependent upon receipt of the estate proceeds.
(f) The estate proceeds are preserved for the benefit of a survivor who:
(i) Is totally and permanently disabled as defined in Chapter 5160:1-3 of the Administrative Code; and
(ii) Is financially dependent upon receipt of the estate proceeds.
(2) The following situations do not, without additional showing of hardship, show undue hardship:
(a) When recovery will prevent heirs from receiving an anticipated inheritance.
(b) When recovery results in the loss of a pre-existing standard of living, or prevents the establishment of a source of maintenance that did not exist prior to the individual’s death.
(3) Regardless of actual hardship, an undue hardship waiver will not be granted in the following situations:
(a) When the individual created the hardship by using estate planning methods under which the individual divested, transferred, or otherwise encumbered assets in whole or in part to avoid estate recovery.
(b) When an undue hardship waiver will result in the payment of claims to other creditors with lower priority standing under Ohio’s probate law.
https://codes.ohio.gov/ohio-administrative-code/rule-5160:1-2-07
(I) Request for undue hardship waiver.
(1) Within thirty calendar days after notice of the estate recovery claim was mailed by the AGO, an undue hardship waiver may be requested by an heir or potential heir who would suffer an undue hardship if a waiver is not granted, a person with an interest in assets of the estate, or a representative of such persons. An undue hardship waiver may not be requested by a creditor of the estate, unless such creditor is also a potential heir of the estate.
(2) Within sixty calendar days of receipt of the request for an undue hardship waiver, ODM shall notify the applicant whether the waiver request has been approved (in full, in part, or for a limited time) or denied. Failure to meet this sixty day deadline does not result in an automatic decision on the request.
(3) When the waiver request was not approved in full, or when the approval was time-limited, the applicant may, within thirty calendar days, request that the ODM director, or designee, review the undue hardship waiver decision.
(a) The ODM director, or designee, will review only those portions of the undue hardship waiver request that were denied or time-limited. The director will not deny or limit any portion of the undue hardship waiver request that has already been granted.
(b) The ODM director, or designee, shall review the undue hardship waiver request and notify the applicant within sixty calendar days whether (at the director’s sole discretion) the director, or designee, has approved (in full, in part, or for a limited time) or denied the request for an undue hardship waiver. Failure to meet this sixty day deadline does not result in an automatic decision on the request.
It used to be three years. It is now a five year look back period.
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