Attorney Thomas B. Burton answers a reader question involving estate planning and long term nursing home care where the mother's home was sold to pay for the mother's nursing home care.
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Transcript of Video: Mother Had Left me 50% of Her Home but Was Sold for Her Care. Am I Left with Nothing?
Today's question has to do with Medicaid
planning I believe the reader asked the
following my mother had left me 50% of
her home but was sold for her care my
mother inherited $140,000 while in care
am I left now with nothing so this
sounds to me like a Medicaid question if
the home was sold it sounds like mom was
living in the home and maybe put her
daughter or son on the title or promised
it to her in the will but if she went on
Medicaid assistance with the state of
Wisconsin the state would have a lien
against the home to recover for the cost
of her care after her death they'll
often let you go in but then if they
determine you can't return home they may
tell you you need to sell the home so
you're saying they sold it to pay for
her care I'm guessing that's what
happened or perhaps she sold it just to
private pay for her care in either case
it will depend on the date of her death
if the state lien for her care was more
than the value of the home
currently nursing home care averages
over $8,000 a month so the lien the state
has can go up quite quickly you
mentioned inheriting $140,000 while in
care now that money it depends what
happened to it
if your mom put it into perhaps a
Wispact or special needs trust for her care
she would have remained eligible for
Medicaid and used that for supplemental
needs if however she inherited the money
wile on Medicaid that would probably
put her over the asset limit of $2000 a
month I mean in fact it would so she may
have had to use it to private pay for
her care I'm just not sure what happened
with that money but in general if your
mom left you 50% of her estate in her
will or trust you would be entitled to
that 50% after all her debts are paid
upon death so if she recently passed you
should open the probate in the state of
Wisconsin would then file their claim if
they're owed any repayment for Medicaid
after they're repaid and the other
creditors assuming you're named as a
50 percent beneficiary it would be
entitled to be see fifty percent of what
is left so that's my best answer to that
question based on the fact that's given
today if you want to add additional
facts just let me know maybe I can
answer them a more complete way so great
question and thank you for asking!
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