How to avoid state seizing proceeds from sale of property

[varthur]

Please help us! We live in Indiana and my mother was just admitted permanently to a nursing home and my father moved in with my husband and me. Medicaid and Medicare is footing the bill for the nursing home, but we were told that when my father sells his property he will have to turn over the entire proceeds to the government/nursing home. I hate to see him lose all that he has worked for all of his life. This seems so unfair. Is there a way to "hide" (gosh I hate to use that term) the money from the sale? Any input would be greatly appreciated.

 

[ShyCat]

It's unfair that marital assets are used to provide support for a spouse? Taxpayers should foot the bill so you can receive a bigger inheritance? Okay, whatever.

Find yourself a lawyer specializing in elder law. There are rules about what assets and how much can be retained by your father. The rest does (and should) go to pay for your mother's care. Do not be tempted to hide anything as that constitutes Medicaid fraud and you can/will be prosecuted.

 

[buckspc]

My question to you is

My question is why should the taxpayers pick up the bill for the care of your mother when your father has assets to pay for her care? We do not have socialized medicine in this country as yet so sell the house and pay the bills for you mother and when there is no more then us taxpayers will pick up the tab for your family. This is a personal opinion, Buckspc

 

[varthur]

I certainly am not concerned about receiving a larger inheritance. Nor do I expect WE taxpayers to foot the bill for my mother's care. I have been told that the government has taken all property from elders and left them penniless. I believe that my 80 year old father has MORE than paid for the care of my mother out the taxes he has paid for the last 65 years! Before you jump to judge, maybe you should all take a look in mirror and ask yourselves how you would react in the same situation.

 

[ELNbluemax2]

This is what they meant by "saving for that rainy day". My Mom did without, no car, no vacations, because she wanted to make sure she was a burden to noone. She died four years ago, after being in a nursing home for five years...used up all her money she had saved. She was 98, and proud she paid her own way. To me, there's something unethical about "hiding" money to let taxpapers pick up the tab!!
anybody agree?

 

[buckspc]

Surviving spouse assets

A surviving spouse has the right to keep the home, a car, and 74k in assets. I am not sure if the spouse has to live in the house or not. Best to check with a elder care lawyer. Now, if there is no surviving spouse, its goes this way, the nursing home person can have a small burial acct. of $1,750, and a small personal acct. of $1,750 and all monies that are income go to the nursing home except around $25.00 a month for personal use. Then uncle will pick up the tab for the rest up to a max. Some nursing homes charge lots more than the max. Sometimes you can find one that will accept that amount and sometimes homes will not take medicaid patients. You have to look for one that will or family has to make up the -.
I just went through all this in Ca. so this is what happened to me. Hope this helps and good luck. This is my personal opinion, buckspc

 

[DaintyLinc]

Run don't walk to an Elder Law Attorney - a good one preferably recommended. They will charge a great deal of money be prepared for this. You will not be able to hide assets as the law as gotten very strict on this past few years and they have a look back on assets for the future to.

A am not a lawyer but you can get what you want, but you will need a good Elder Law Attorney and they do Cost!! You will probably find it to be well worth it however.