Results 1 to 2 of 2
  1. #1

    Default Estate Recovery for Medicaid

    My question involves estate proceedings in the state of: California

    Hi all,

    my apologies if this is not in the correct thread.

    i am a bit confused here about this whole "estate recovery act". Basically i am reading articles where they mention if any of my parents are currently in a nursing home and receiving medical/medicaid then they are subject to this recovery act. below is my situation and questions:


    Situation: both of my parents own their primary home, and that is the only property they have. Because they are not able to pay for this just on their own i have been helping them since my dad retired 3-4 years ago. (i pay the mortgage and utilities). my dad is the only person who is receiving government health aid.. medical/medicaid. (dad is 64 years old)

    1. is this primary home in anyway considered in this recovery act? even though neither of my parents are in a nursing home?
    2. are they able to transfer the home to my name without a sale?
    3. what is the best route to take in regard to avoiding any tax penalties?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,482

    Default Re: Estate Recovery

    After they die, if they receive certain medi-cal benefits, the state can recover from the estate. Info here: http://www.canhr.org/factsheets/medi...covery_FAQ.pdf

    If they transfer to you other than a FMV sale, you can screw their eligibility for benefits.

    There are no "tax penalties." The feds require the state to recover the costs of certain benefits paid.

    1. Sponsored Links
       

Similar Threads

  1. Asset Protection: Medicaid Real Estate Lien Protection Strategies
    By akajmpa in forum Estate Planning, Administration and Probate
    Replies: 7
    Last Post: 12-26-2012, 07:49 PM
  2. Liens and Encumbrances: Medicaid Liens After Purchase of Property with a Retained Life Estate
    By zephed666 in forum Real Estate Ownership and Title
    Replies: 11
    Last Post: 12-27-2011, 06:12 PM
  3. Disability Benefits: SSI and Medicaid
    By fromhere in forum Social Security Law
    Replies: 1
    Last Post: 08-31-2009, 07:48 AM
  4. Quitclaim Deed vs Medi-Cal Estate Recovery
    By dave1359 in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 01-21-2009, 09:18 PM
  5. Life Estates: Life Estate And Medicaid In New Hampshire
    By jjbrown in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 03-15-2008, 09:24 AM
 
 
Sponsored Links

Legal Help, Information and Resources