Mother renewing SNAP (food stamps), medicaid/SSI/assistance, questions.

[agri2]

What is the name of your state (only U.S. law)?
Nebraska

First some background on the situation.

She is 77, owns and lives on a 20 acre homestead, in rural agricultural Nebraska, not close to any town. I own a significant amount of acres, surrounding her property, and run a smaller than average cattle ranch. She has a bad hip, bad back, high blood pressure that doesn't control well, she falls down, can barely walk or climb stairs, has had several mini strokes, etc. On my property, I have a house that I could live in with a little work, but due to the distance, I stay in a trailer on her property. I never set up a separate address for me, because it would ...be a lot of paperwork, kind of a hassle going through all my land loans, etc., and the mailbox would be set right next to her existing one, even if I were living in the other house, and access would be driving through her property as well. I check on her, she falls down as stated, she has had seizures on her medication, I've called the ambulance, she can't do any yardwork, lift anything hardly, or get her mail. I cook once in a while, and I drive her wherever she needs to go. No money is paid to me, she is my mother. Basically I take care of her. I do get my own groceries, and I plant a garden and can myself, in addition to raising my own steers to butcher. This has been the situation for more than 7 years, I purchased the land I have from her, for a reasonable market price, and am paying an agricultural loan to the FSA. That purchase went to pay some of her existing debt.

Her doctors suggested she get on Medicaid, basically get what she could for assistance. We both went to lawyers together, Social security, etc., and told them what was going on, that I basically took care of her. Verbally, everyone said it didn't sound like a problem.

Basically, this year they are asking for her recertification. But they are asking for a copy of the homeowners insurance. Here is where I don't know if there is a problem. We never changed that from when she got out of the business. Basically, it's a blanket policy, covering her house, her stuff, AND my stuff (property, liability, cattle, hay loss, etc.). The policy is in my name, her name, with an OR in between. There are outbuildings on her property, old ones, and I store my stuff there, basically need it covered. There's a barn, etc., all the outbuildings and stuff are considered mine..., Didn't see the practicality of moving them a few feet onto my property. They are old, and very literally not worth anything, the yard is just set up handy to use as it is for me. I figure that is my compensation for care.

Is any of this a problem? We truly don't want to do anything wrong. Suggestions on anything to do differently? She doesn't get much social security, everything she got was put in my dad's so his would be higher and he went first (lawyer did the taxes for them, everyone since told us he did it wrong). I can't take care of her bills without the assistance, I'm really barely getting my own taken care of with all my land payments, etc.

Thanks.

 

[xylene]

Is any of this a problem?

There is no reason why someone collecting benefits due to age and infirmity cannot have and insure outbuildings on their property.

Beyond that I think you are over-thinking the matter given that you had your own lawyer give you the 'thumbs up'.

If this request for the insurance is new and deeply troubling, recontact the lawyer.

Given the state of mom's health and that her property is an integral part of your operation, it would not hurt to make sure that the estate is set up so you won't have problems when she passes on.

 

[CSO286]

There is no reason why someone collecting benefits due to age and infirmity cannot have and insure outbuildings on their property.

Beyond that I think you are over-thinking the matter given that you had your own lawyer give you the 'thumbs up'.

If this request for the insurance is new and deeply troubling, recontact the lawyer.

Given the state of mom's health and that her property is an integral part of your operation, it would not hurt to make sure that the estate is set up so you won't have problems when she passes on.

Xylene, it may already be too late. If they transfer the assets (or sell for below market value) into OP's name and Mom moves into long term care anytime in the next five years, she may find herself ineligible for Medicaid for a period of time.

Read more about it here (info, not an endorsement): http://elder-law.lawyers.com/Transferring-of-Assets-for-Medicaid-Look-Back-Periods.html]Transferring of Assets for Medicaid Look-Back Periods - Lawyers.com

http://www.todaysseniors.com/wp/medicaid/how-long-is-medicaids-look-back-period/]How Long Is Medicaid's Look Back Period?

 

[agri2]

Thanks. What I wasn't sure on was with all my stuff on there (because it is quite a bit of $ value on paper), if it would cause a problem (like the cattle being covered, if they get hit by lightning, covered, if they get out and total a semi truck, covered, etc.). I didn't know if they would look at it like she had access to the assets..., or if her household/land would need separated out, I don't know. I guess the part I left out is it covers them on my land as well.

I know we went to lawyers and did a will, etc. The estate stuff is -supposed- to be all ok, at least a lawyer was paid to have it written up correctly for that circumstance. Years ago I believe it was set up for some kind of "life use" type thing, so much went on and is still going on I'm sketchy on the details, there is a stack of papers I'd have to go through to be sure. I know a bunch of papers were signed along that line and my name was on them. I was remembering being told something like she had use of it as long as she wanted, then I get it, but I know like on the taxes it is still in her name only. I also remember something else about saying it needed to be for 5 more years (so I've heard the 5 year thing before), back then whenever they were signed, but if anything happened I would have to give ~fair market value. It's "only" 20 acres with old buildings, pieced together more than 100 year old house, etc., the amount we had figured up compared to what I'm already buying isn't that much more, relatively. Wouldn't like to but I'm paying for almost everything else I have anyway. (no siblings or anything either)

I'll need to go through everything again I know, just need some time to think about it, and half the time I don't even know what day it is....

I just don't want to do anything wrong, or shady, or anything.

Thanks again.

 

[anteater]

I don't want to comment on much of this because it isn't clear to me who it is that is asking for the insurance policy or why.

But what you describe sounds like a form of Medicaid planning by transferring property with a retained life estate, getting ownership of property out of the hands of the potential Medicaid applicant while still allowing the applicant use of the property.

You speak of "your" property and "her" property. But are you certain that "her" property really ism't "your" property (as a remainderman) with Mom just having use of the property as a life tenant?

As a first step, I would suggest that you go to wherever property records are maintained in your county and check on the deeds.

 

[commentator]

You need to work with her caseworker for public assistance concerning this issue. Because regardless of how it is titled, what you've been doing, it won't be any surprise to them. And you aren't going to have any wiggle room with how they see it, how they call it. If you can get this information, rest assured that your assistance agency can get it and is already aware of it. So don't be so coy about going in, scurrying around trying to figure out how they "might" feel about it. They will tell you, and tell you what would need to be done for your mother to continue to receive assistance. "We don't want to do anything wrong" you keep saying, but what you are afraid of is that they'll find out something (which they already know) that has been happening, and you might as well go in and be perfectly straight with them.

 

[agri2]

She is renewing her re-certification for SNAP (formerly food stamps) and the other programs they administer (I believe heat as well). She has been getting that for a few years. In Nebraska, the Department of Health and Human Services handles that. They are asking, I just wondered if it interfered with anything she was doing, at all (the others I mentioned). The re-certification form asked about pretty much everything she had, which is why I gave the background info, to see if we were doing anything wrong, because all we have is the verbal "sounds like no problem". Right now it is DHHS, and it's a re-certification for the SNAP program, it's basically the application, and it was filled out at
https://dhhs-access-neb-apply.ne.gov/AccessNebraskaApplication/?tl=en
They sent a letter asking for this, and her financial records.

I wasn't intending on asking about the transfer of ownership. Paperwork was signed and was discussed as I stated. The terms of she would have it as long as she wanted it were discussed, and it was mentioned something about it needing to be 5 years. Papers were signed after that lengthy discussion. The tax form that comes out is still in her name. Residents of the county get ownership maps mailed out, showing property and who owns it on a map, it shows her name only as having the 20, me as the rest. That's all I know at this time.

I will look into details, I'm sorry but I have been through so much paperwork, and the estate business we are discussing here was a few years ago, so I am sketchy on the details, without digging through papers. As I stated, I need time to think, and pretty much all year I am going non-stop between her and my stuff. I have never had any time off from chores or projects or anything in over 10 years, not for a day, holidays, weekends, or anything, so it takes me a while to get things done, especially thinking things. I just take a few minutes randomly out of the day for computer, or tv, etc.

Thanks.

edit: I just like to know things beforehand, and nothing does get hidden or anything, I just want to be prepared for anything they ask. They didn't ask for the insurance before, I'm certain, and my name is on it, and I don't have my own address set up, that is why I wondered. I could set up my own address if needed, and live there, but I would have to put a house closer than the existing one.

 

[agri2]

Forgot to mention there is no longer an actual case worker or an office to go to. The one in town used to know us by name, friendly, small town. They moved the support 150 miles away, it is all done by phone now. You call in, go through an automated system punching in or verbally speaking information, and then it is transferred to whoever answers the phone. The only people to discuss this with left in the small town, would be a lawyer, any other type of social office would be a significant drive. It can be done by phone, but it's annoying not being able to go into an office and explain things. They are changing something with their system I guess, which is why they are requiring this now I guess. The insurance and documents just need mailed in, so I guess I'll just get all that sent in, not much else a person can do. I just wanted to be prepared. Thanks.