Follow
Share

Medicaid 5 year look back. My grandfather bought me a home in September 2011 (both of our names on title) and in April 2013 shortly after I got married his name was taken off & my name remained. I made payments on the house for awhile but with cash; it got to a point where he wouldn't take my money anymore and told me that's my house and to take care of my family. Here recently we have been in the process of selling my home (the house he bought in 2011) and moving to a new city but now my grandfather is going to have to be placed in a nursing home. He has enough money to pay for nursing home for 2 years but after that point he will be out of money. Now I'm scared not only is my grandfather not doing well but we might be punished with his gifts (house and cars) and with both of ours names still on the vehicles with the 5 year look back and then my family will be in a horrible spot.

This question has been closed for answers. Ask a New Question.

19 Answers

Most
Helpful Newest
First Oldest
First
That is a tough question, one best answered by an Elder Law attorney. Each State has different rules and regulations regarding how their State medicaid works.
Helpful Answer (1)
Report
You must still reckon with 5 years from the 2013 date, to not be penalized.
If he is a WWII or Korea Vet ,(or Viet Nam), he can get $1, 788 toward private pay nursing or Assisted living, I can answer some questions off line.
Helpful Answer (1)
Report
If your name was on the deed since 2011 and your grandfather has enough to private pay for the next two years that means your name will have been on the deed for six years when medicaid kicks in. I don't know if that works in your favor but an elder attorney will be able to answer that. Good luck to you.
Helpful Answer (0)
Report
in my state u must own the house for over or at least 5 yrs in case what u are going thru. if your dad is put into a nursing home again in my state that (state) has up to 5 yrs of assets to collect to pay for his nursing home expenses which means dude the house belongs to the state. again in my state that is how it is done. me i still have my 97 yr old mother and her $ has paid for live in care givers or daily care givers.
Helpful Answer (1)
Report
Call your county's office for aging to ask if they offer the services of an elder law attorney. Whether they do or not, go see one. Sounds like, if your grandfather lives past his two years worth of finances, half the value of the house will be recoverable by Medicaid. You really need professional help to be sure you're proceeding in yours and your grandfather's best interest.
Helpful Answer (2)
Report
Your state's Attorney Bar Association may offer a free half-hour consult with a lawyer. Call them, outline your problem, they will refer you to a lawyer who specializes in that branch of law. I have used the service twice, had all of my questions answered within the half hour and was not pressured to purchase any services from the attorney I worked with.
Helpful Answer (2)
Report
When your grandfather put your name on the deed in 2011 he made a gift to you of 50% of the then value of the house (because you owned it jointly). When his name came off the deed, he made a gift to you of 50% of the 2013 value of the home. So you have two different 5-year lookback periods to contend with. The farthest-out date would thus be in 2018; if his money runs out in 2017, he will have to pay privately for that one-year period. It is important that he NOT APPLY for Medicaid until the second 5-year lookback period expires, otherwise his penalty could be for many, many months (based on the value of the 2013 gift). That period would surely be longer than the one year he will have to wait to get to 2018. Perhaps you can use the proceeds of the house sale--or the mortgage on the replacement house--to cover him for that one-year period.
Helpful Answer (0)
Report
@doubts. That's great advice (I just thumbed-up you for helpful advice) but I wanted to be clear on which office I (and everyone else) should be calling. You referred to "your state's Attorney Bar Association". Does this mean the "Attorney Bar Association" originates out of the State Attorney's office? Or is it a separate function, for instance something along the lines of here in Florida, the "Florida State Bar Association" or just the Florida Bar Association? Clearing this up would be extremely helpful. Thanks so much.
Helpful Answer (0)
Report
The appreciated value of the house should help pay for his NH. I would advise NOT selling the house until you speak to an elder law attorney. Your grandfather will probably be penalized by the 5-year look back, but there are ways to mitigate that penalty. However, it has to be done right, and by an attorney. Im thinking of something involving a "promissory note" that would potentially protect half of his assets.

It sounds like your gf also bought you a car you are afraid of losing. It also sounds like your family is dependent upon your grandfather's generosity in order to survive. So you are worried about his well being as well as your own. You should definitely shop around for a good nursing home in both cities. Take tours if facilities and be discriminating. Your grandfather deserves that. To make the most if his assets, I would lean toward placing him in the lower cost of living state. For example, in NY where I live, the cost is $405 a day. In other states I understand the cost is 2-something.
Helpful Answer (0)
Report
again it all depends on the state u live in in washington state u have to own it for 5 yrs then dshs can't touch it has nothing to do with the will, the quick clam deed u have to own it for 5 yrs or dshs can sell that house to pay for the parents costs in the nursing home
Helpful Answer (0)
Report
Read Gabriel Heiser's book, "Medicaid Secrets." You can buy from him or check out of your public library. There is a BIG difference between the "5-year look back period" and the "Penalty Period." The 5-year lookback, is only 5 years....but the Penalty Period could last forever (theoretically). As Gabriel Heiser says, DON'T apply too early, because a very long penalty period could be established! If the home value in 2013 was something like $700, 000, M.A. would say that $350, 000 was gifted or transferred, and then they take average cost of nursing home (example, $5, 000 a month) and therefore the "penalty period" will become $350, 000 divided by $5, 000, for a whopping total of 70 months, which is longer than the 5-year "lookback" period. So the Penaly Period can be much, much more important to keep in mind.
Helpful Answer (1)
Report
Sell the house but do not do anything with the money until you figure out both the capital gains taxes and the amount you set aside for Grandpa's half. The cars, you buy out his interest at fair market value. You need both an accountant and a lawyer to figure out all the details.
Helpful Answer (1)
Report
Thank you all for your advise; I'm just in so much hurt and confusion right now. We are selling his house for $50K and he has $40K in the bank; with his $1,500 a month and the house and bank account I think he will be fine for awhile. I think he has enough to last him two years and then I'll have to come up with $60K+ for his last year. I just want my grandfather to be taken care of and I want my family to be safe as well.
Helpful Answer (1)
Report
We will continue living in my house he gifted but I guess that will even have to go to the state. Houses less and car less in two years but I'll still have my grandpa.
Helpful Answer (1)
Report
SelSmith, this is a difficult situation for your family to be sure! I know it's no.consolation, but if my grandpa had done the same thing, gifted house/whatever, and then needs MedicAid fairly quickly after, my family would be in exact same position. The rules are the same for every one--if the house was gifted sooner maybe you could have avoided this situation BUT hindsight is always 20/20.....and nobody knows when they're going to need M.A. Hopefully he himself doesn't feel badly about this!
Helpful Answer (0)
Report
Did you live with him in that house and provide care you can "certify" for atleast the last two years?
Helpful Answer (0)
Report
Please don't sell his house before you speak with an elder law attorney. Here in NY, you are allowed to keep your primary residence provided someone lives in it and 1 car.
Helpful Answer (0)
Report
No, my family is the only family that lived there since we bought the house and then in 2013 he took his name off the house and had just my name on it. He has two different houses one that he lived in and one that we bought back in 2011. I just want my grandfather to be taken care of no matter what I have to do. I know my grandfather would feel horrible if he knew this was happening but I don't want him to know. I'm trying to protect my grandfather and try to make it where my family doesn't hurt to bad.
Helpful Answer (0)
Report
Sel - so gramps has had 2 homes? - the one that he placed into your name and he also has another home, correct? Plus 50K liquid, 20K annual income as well & then whatever proceeds from the sale of the home. He is going to have just too much in income & assets & transfer penalty inquiries to pass a Medicaid application review anytime in the near future.

As others have said, he needs elder law & with the convoluted property issues, he & you should try to get one who is NAELA. I would pull all the legal on him & the properties (anything filed at the courthouse, current tax assessor items, his awards letters, etc) and see somebody soon. You may find that the reality is that his money will not be able to stretch more than a year or two. The costs of care are horrendous and can easily spiral to over 100K a year. You want to make sure whatever you do will be within however Medicaid is done in your state & that guidance comes with good legal..
Helpful Answer (1)
Report
This question has been closed for answers. Ask a New Question.

Recent Questions


Popular Questions


Related Questions

Ask a Question
Subscribe to
Our Newsletter