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Both my husband and self are on Medicare Disability/Medicaid for almost 10 years now. We have both been treated for cancer in the past and he is in current treatment again. We have no estate plans and our only assets are a small ranch style home and vehicle. We have 5 amazing young adult kids and all we have to leave them when we're gone is this modest home that they could sell. I know this should have been done years ago, but I'm trying now. So...does anyone know if I file a TOD, and one or both of us end up at some point in skilled care (nursing home) will they get the house or will Medicaid take it as estate recovery? (We are in Wisconsin)

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If you have nursing home Medicaid, the house will most likely be part of estate recovery. Check with your state Medicaid office.
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Thank you,
My children do not expect anything more than the love they do already feel from us, that I know. Both my husband and self have already been covered my Medicaid for 9+ years as we are both stage 4 cancer patients but holding our own. I have not needed active treatment for almost 2 years but my husband is currently in the middle of a new chemo routine once again. My kids have been a tremendous support through it all at a time in their lives when they were graduating, getting married, having babies, and becoming the amazing young adults that they are. I just wish I had made arrangements earlier as though it would not be a windfall in any sense of the word, it may mean an extra family vacation or celebration on my behalf...something I was never able to give them. The program itself and tax payers who support it do also deserve though as you say, because without this program my healthcare options would have been limited. Thank you for your response, I will continue to research my legal options. Be well...
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FloridaDD Mar 2020
The rules for Medicaid when nursing home is needed are different than normal Medicaid.
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I would not want my children to sacrifice their lives to care for me. I would like nothing better to have something left for my kids. Realistically, for most that will not happen.
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http://www.emhandbooks.wisconsin.gov/meh-ebd/policy_files/17/meh_17.4_exceptions.htm

Here is Wisconsin information that might help you. Go down to 7.b
where the Medicaid caregiver child exemption is discussed.

This is not what you asked for but it is a justified way your child could retain the family home instead of paying others to care for you.

If your adult child lived in the home and provided the care you or your husband required that kept you from requiring NH care for at least two years prior to Medicaid funded care, then that can be an exemption.
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eihtak Mar 2020
Thank you, I have skimmed the medicaid guidelines and have or will consider my options. All of my children are in their 30's with children of their own and either own their own homes or a couple are long term renters. At this time none live with us and it would not make sense based on where they do live/jobs/families for them to move in. Medicaid can be so confusing at times so will continue to sort through, but again, thank you for your response.
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This is really a case for a lawyer, but honestly, you and your husband cannot know what kind of care you will need in the future. I would caution you against trying to hide assets that are yours, that you earned, because you may end up needing these assets for yourself. We all love our children, but this is something you earned. What you gave your children is LOVE and RESPECT, clearly; that is their inheritance from you and it is quite without value. There are all sort of schemes out there to assure things, and often enough it ends with children and parents fighting at the end of life. Think of it this way. You say your home is modest. You have 5 children. What difference does it really make. Keep this asset until you know you will not need it. Do not go on medicaid unless you need it. IF you need it, use it, as it was meant to be used, and let the taxpayers you leave behind recover what they are able to from what they gave you. Just my opinion. Often things done with love and good intentions can smack you in the bottom as it slams the door on you. Now, feel free to see a lawyer and buy an hour of his time to explain things in your state; remember, in things like this the forum can give an opinion, but you want expert advice. Wishing you both good luck.
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