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By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid. We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour. APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
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V. Complaints. Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights. APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.I agree that: A.I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information"). B.APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink. C.APFM may send all communications to me electronically via e-mail or by access to an APFM web site. D.If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records. E.This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year. F.You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
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How did you handle the paperwork at the time? Is it in both names as joint tenants with right of survivorship or do you each own 50% as tenants in common? Did she put in any money or did you pay it all?
I have a bad feeling that you made her a gift in 2004. So you definitely need to talk to an attorney specializing in Medicaid and elder law.
You should find out what expenses she can pay on the rental before calculating her net income. If she can pay her share of taxes, insurance, HOA fees, maintenance, property management, depreciation, etc. the income attributed to her may be less than you fear.
My situation was a bit different from yours. I returned home to live with my mom at her condo and my name was placed on the deed. I lived there for over two years before selling and buying a house in my name only with my mom now living with me. I reported the sale of the condo on my taxes and there was no problem.
I’m surprised that Medicaid has not placed a lien on your mother’s portion of the condo to recoup the money they spent on her if and when the condo is sold. In New Jersey where I live, if someone owns a home and he/she is receiving Medicaid, he/she can live in the home until such time when the homeowner dies or the home is sold then Medicaid will seek reimbursement of the money that was spent on the homeowner because the sale from the home would then become an asset.
You need to speak to an elder care attorney in order to get clarity on Medicaid’s recoupment of assets.
The lien placement in my experience is interdependent on your states laws & administrative code on real estate and property rights. Some States do not allow ever for a proactive type of lien placement to happen (at day 1 of LTC Medicaid starts to pay). It can’t be done - in those States - as there is not an actual $ amount that exists that can be placed.
The real pro property right states, it’s all after death actions. If heirs open probate, recovery becomes a Claim and moves to probate court. If yours is a Level of Claim by Class probate state, then those rules apply. For TX, it’s a Class 7 & everything in 1-6 are ahead in the eventual distribution.
Whatever the case, it’s not really a DIY project. Legal is going to be needed in some way.
So what Medicaid program is your mom on? or what program are you anticipating needing her to go onto?
Medicaid is a huge # of different programs. If this is Medicaid for health insurance and mom is a “dual” so she is low income enough to be Medicare and Medicaid, that’s real common. Her ownership on the condo should not be an issue for Medicaid as health insurance. But her filing for Medicaid community based program, like she gets into a PACE day program, OR she needs 24/7 oversight so needs MC or NH; these are different Medicaid program which do look at her income & assets.
So just what are you anticipating mom to be needing? and How does the title read? and how does the annual tax bill read? and Have you actually been a 50% owner with a history of paying your 50% share? and for years??? I’m with Frebrowser that a review on the property will show it to be 2004 gifting by you. That would not be good. These are not simple issues to resolve. It’s real estate attorney work first & foremost. Not elder law attorney stuff.
My suggestion is for you to gather up all the paperwork you have from eons ago. What you don’t have, pay to get as a download from the courthouse. It’s beyond a decade, likely it’s research work by CH staff & mailed to you. Then set up an appointment with CELA level of elder law atty who has a real estate attorney associated with their practice. It will cost but ya gotta do this to segregate assets ahead of ever filing for LTC Medicaid for her. Not a DIY, waaaaaay to complicated.
Also your mom is coastal FL right? Please find all of your moms insurance policies. Especially her flood & windstorm. If you have your own homestead, technically you cannot be on her NFIP flood policy nor her state of FL windpool policy. Gonna be heartbreaking if something happens and a X check is done and this surfaces. I’m coastal, all the carriers are looking to shed all risk and deny claims.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
I have a bad feeling that you made her a gift in 2004. So you definitely need to talk to an attorney specializing in Medicaid and elder law.
You should find out what expenses she can pay on the rental before calculating her net income. If she can pay her share of taxes, insurance, HOA fees, maintenance, property management, depreciation, etc. the income attributed to her may be less than you fear.
You need to speak to an elder care attorney in order to get clarity on Medicaid’s recoupment of assets.
The real pro property right states, it’s all after death actions. If heirs open probate, recovery becomes a Claim and moves to probate court. If yours is a Level of Claim by Class probate state, then those rules apply. For TX, it’s a Class 7 & everything in 1-6 are ahead in the eventual distribution.
Whatever the case, it’s not really a DIY project. Legal is going to be needed in some way.
Medicaid is a huge # of different programs. If this is Medicaid for health insurance and mom is a “dual” so she is low income enough to be Medicare and Medicaid, that’s real common. Her ownership on the condo should not be an issue for Medicaid as health insurance. But her filing for Medicaid community based program, like she gets into a PACE day program, OR she needs 24/7 oversight so needs MC or NH; these are different Medicaid program which do look at her income & assets.
So just what are you anticipating mom to be needing?
and
How does the title read?
and
how does the annual tax bill read?
and
Have you actually been a 50% owner with a history of paying your 50% share? and for years??? I’m with Frebrowser that a review on the property will show it to be 2004 gifting by you. That would not be good. These are not simple issues to resolve. It’s real estate attorney work first & foremost. Not elder law attorney stuff.
My suggestion is for you to gather up all the paperwork you have from eons ago. What you don’t have, pay to get as a download from the courthouse. It’s beyond a decade, likely it’s research work by CH staff & mailed to you. Then set up an appointment with CELA level of elder law atty who has a real estate attorney associated with their practice. It will cost but ya gotta do this to segregate assets ahead of ever filing for LTC Medicaid for her. Not a DIY, waaaaaay to complicated.
Also your mom is coastal FL right? Please find all of your moms insurance policies. Especially her flood & windstorm. If you have your own homestead, technically you cannot be on her NFIP flood policy nor her state of FL windpool policy. Gonna be heartbreaking if something happens and a X check is done and this surfaces. I’m coastal, all the carriers are looking to shed all risk and deny claims.