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A friend's MIL is in a nursing home on Medicaid.

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Linda - try to find out exactly what for NC medicaid nh program what is done regarding their home. Usually medicaid application has an "acknowledgement of participation" statement that enables the state (or their outside contractor) to place a claim or a lein on the property which needs to be resolved in order for property to sell or transfer in probate ; state doesn't take ownership or responsibility of house but rather gets whatever $ from sale unless family have exemptions & or exclusions to the MERP claim or lien.

Usually property remains with the elder as owner and they, their DPOA or family need to take care of & pay for all on the house till sale or death&probate. Has the house actually been transferred with Deed done & filed at courthouse so that State of NC is owner? If not, MIL is still owner.

the furnishings of the house are assets (done as an inventory for probate) which have value. Giving them away is essentially gifting which is not allowed.
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i remember asking a similar question when my family was going through the same thing. my parent's home was in iowa, not sure how things work in nc. my advice- take what you want. my oldest brother appointed himself boss and said that nothing was leaving the house. I put my foot down and said that I was taking the desk and armoire out of my old bedroom. he said he was fine with that, but that anything else any of us(I have 2 brothers) wanted would have to be bought at auction. we were told that the auction would take place 6-8 weeks after the auctioneer picked up the contents of the house. the auctioneer had the sale the weekend after they cleaned out my mom's house. they did not call us or email us, etc to say they were having the auction early. my parents stuff was gone and it really sucked. my mom's house was full of gorgeous antiques and furniture....the estate made $2200.00. it makes me sick to this day that I didn't take the things that I wanted. especially my dad's dresser.
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My grandmother had Medicaid, in NH, and the county place lien on home for MERP. Family was told to get rid of everything (empty it out) but everything was so old or shabby, it wasn't going to be anything valuable. Realtor agreed, get rid of it, fresh coat of paint (which family did at our own expense ) and get it sold. We are in MN so maybe different rules here.
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does your disabled brother live in the house?; if so, that qualifies as an exemption to all of it
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When someone enters a NH in NYS under Medicaid they usually take the house and contents lock stock and barrel. padlock the place and no one can get anything. So if family wants momentos they better get there before loved one leaves.
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Mo1965: I know how you feel. Mom promised me something. But after she went to the NH, POA sold lots of stuff in an online auction. There I saw the item. I bid on it but POA ignored my bid. Made me sick.
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Its my nephew and he has lived there since 2008. Up till then, he was livingwith my brother.
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Joann, he's living in your mother's house? so we're not talking Medicaid, are we? but why not? where's your nephew going to go, if the house is sold? back to your brother's?
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No, he has an annuity and SSD. Works at the Arc and has been told they can help him. Medicaid can't help him find housing because he isn't SSI. He had the annuity when he applied so he went for and received SSD.
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interesting; how'd he get SSD? has he worked? but my question re Medicaid was about why the sale your mom's house
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