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Mother Had Left me 50% of Her Home But Was Sold for Her Care. Am I Left With Nothing?

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.

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!

© 2019 Law Office of Thomas B. Burton. All Rights Reserved.

Transcript and captions provided for ease of access for the hearing impaired.

For questions about this topic, or to suggest a topic for a future blog post, please contact my office.

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