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?

Asked about 2 years ago - 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. Michael Leo Potter

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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!

  2. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  3. Steven J. Fromm

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more

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