My mother owns the house that her uncle lived in. Can Social Security take it to pay his nursing home bills?

Question

He gave her the house 9 years ago. She's paid taxes and water since that time. He also gave away to random people over $200,000 in the past 5 years. Now he is in a home with no money and the nursing home is bullying my mom by telling her that she needs to take a note on the house to pay, etc... Can they go after her?

This is what I've been telling her! I hooked her up with an attorney who is on vacation. My uncle's medicare (or medicaid, which ever would pay for nursing home care) was denied for 8 months as a result of his "generosity". The nursing home is actually asking my mom to show them tax and water bills and proof that she paid. I am hounding her NOT to speak to anyone until her lawyer is back but she is so trusting. UGH!!!

The deed is in my mother's name. i double checked and it was filed with the city clerk. So, the house is, in fact, hers.

Answer 1

Social Security is not means dependent & doesn't "take" anything.

If she signed an agreement to pay the nursing home, she is responsible or they'll kick him out.

If she is NOT liable she or they will have to find him a facility that will take medicaid. Medicaid WILL impose a lien on his house if it is in his name.

"He gave her the house. . . " is too vague. If he deeded it to her that long ago it is probably safe from a Medicaid lien. If he did not give it to her by deed, then it will either preclude his medicaid eligibility or be subject to the Medicaid lien. If they try to deed it now, it is too late; he'll lose his Medicaid eligibility.

This is a case where she must talk to a lawyer who deals with wills & estate or an specialiizes in "eldercare" before she does anything.

Answer 2

See an estate planning attorney. Social Security can't take it, but there is a serious question as to whether your great uncle can qualify for Medicaid (and thus have the government pay for nursing home care), even with no funds, because his conveyances occurred within a certain amount of time:

As a result you have two choices. Spend your assets, or give them away. If you transfer or give away your assets, to avoid triggering a "period of ineligibility," you must wait a minimum of 36 months and one day before applying for Medicaid. If transfers are made to or from a Trust the look-back period is 60 months and one day. To apply for Medicaid benefits before the mandated waiting period has expired will trigger a period of ineligibility and makes you subject to possible criminal sanctions.

Thus, if there are assets that were transferred within the lookback period, the nursing home could attach them for payment.

This is why you need a good estate plan, and, in this case, a good attorney to help.

(P.S. MLPT's "this is why I support libertarians" makes no sense. IF the libertarian point of view were followed, the nursing home would have no duty to care for your uncle (they could refuse whomever) and there would be no government benefit (i.e. MEDICAID) to support health care for the poor (and nursing care for those who have no money). )

Answer 3

If the title to the house was NOT transfered into your mom's name, and the house remains in your uncle's name...yes, they will force him to spend down his income and assets before medicaid picks up on all his stuff. Better take a look at the title.

Answer 4

I doubt it, but I suggest getting a lawyer. The same thing happened to my mother when she was taking care of my grandmother. All the assets were in my mother's name and they couldn't touch them.

However, there is no guarantee that the nursing home will continue to provide service for you uncle. they may just force him to leave and go to a government home, which is undoubtedly lower quality.

Answer 5

If it was transferred to her name then NO. She is the owner and the taxpayer and tell them to get stuffed.

Answer 6

If your mother has the deed, they cannot make her do that.

Answer 7

I hope not, this is why I support Libertarians.