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Can she keep $2000 and expenses? Any way to protect my mother's home from Medical taking it or all the money from selling it?

Sacramento, CA |

My mother is in a nursing home on medi-cal. She has a mobile home in a park in a family trust. She does pay property tax on it. My dad is gone and my sister and I are the trustees on the trust. She still thinks she is going to be able to go home, but has been out of her home since February- care home, hospital, care home. She would like to sell her home since she can't pay the park rent or the upcoming taxes and use the money to buy a smaller one (possibly ours) and pay for funeral expenses and park rent hoping she will be able to go home for hospice care at some point.

Attorney Answers 3


  1. You should not do anything on this without meeting with an elder law attorney, first. The time for selling the home may already have passed. If your mother's home is sold, at this point, the two likely results will be: 1) that she immediately becomes ineligible for government assistance, and 2) that the State may assert a lien or other claim on the home, for benefits that have already been paid out. There ARE situations when this kind of thing makes some sense. I am not sure your facts suggest that is your case. You should meet with an attorney before doing anything, in order to preserve your mother's rights to government assistance

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  2. Mr Fredericks offers a comprehensive response. Still you need to get with an elder law attorney BEOFRE any actions are taken that could impact benefits and taxes. Do not rely on a general forum; get a real expert to assist you.

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


  3. James and Steve are BOTH Correct. The sooner you sit down with a qualified Elder Law attorney the better. The medicaid rules are administered by each State - and California is not what I would call 'user-friendly' in this regard. The sooner you consult an Elder Law attorney, the better. Good Luck!

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