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My mother is currently in a nursing home and it receiving medicaid. How do I go about selling her house?

Indianapolis, IN |

My mother is currently in a nursing home and it receiving medicaid. I am daughter and her POA. Her house is not in very good condition and is worth very little. My brother has made an offer. He would like to buy it and fix it up, but I am not sure how to go about it. He has been her caregiver for several years, and if a miracle should happens would gladly take her back into the home. thanks

Attorney Answers 2


Under federal law, if your brother provided her care that kept her out of a nursing home for two years, he may be entitled to keep the home without having it sold to pay the state back for the cost of your mother's care. That depends, of course, upon what your mother's will says about the house, or your willingness to let him keep it. 42 U.S.C. §1396p(b)(2)(B)(ii).

You should put together a package of proof about the care giving and consult a qualified elder care attorney in your area.

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The other relevant question is whether Medicaid has already placed a lien on the home. In many situations they do so to offset whatever they have paid for your mother's care. If so, if your brother is not eligible to keep the house under the caregiver provisions of Medicaid, some or all of the purchase price might have to be paid back to Medicaid.

In addition, if the house is sold to brother or anyone, it needs to be immediately reported to her mother's Medicaid technician. Be aware that such a sale could make her ineligible for Medicaid if not handled properly, thus the importance of consulting with a qualified elder law attorney as soon as possible.

All the best,


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Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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