him for Medicaid. His home has been a mobile home. Its fair market value is $7400 and that is his only physical asset. If he applies for Medicaid now and is accepted, as soon as we sell the trailer, his assets will be above $2000 which makes him ineligible for Medicaid until he spends down the... Read more »
answered on May 3, 2023
It can work out either way. If you are able to find items to spend on now, before he needs Medicaid, then that is a good option. The main thing is to sell it for the proper blue-book value and spend the funds down before he needs Medicaid.
Or you can get qualified for Medicaid first. Then,... Read more »
which executor handles the jointly owned accounts? Who does the money in those accounts go to?
answered on Apr 29, 2023
The funds in the joint account go to the second spouse to die and administered under the will of the second to die. If the order of deaths is unknown, then you need to speak to an attorney.
Other assets are more complicated, as it depends how the wills were written and how they address... Read more »
My great aunt signed a TOD deed on her home and my mother was the beneficiary. Later my great aunt signed another TOD deed with her neighbor as beneficiary, but then revoked the TOD deed to the neighbor several years later. Is the one to my mother still valid if it was never revoked? What if a... Read more »
answered on Dec 22, 2022
As a general rule, a new TOD designation affidavit revokes the old TOD designation affidavit , regardless of whether it says so on the new TOD designation affidavit or not.
Therefore, it is very possible that the property will go to the person named in the will.
Having said that,... Read more »
I am her POA for her durable Financial Power of Attorney. In it it states I can gift money from her estate to any family member including myself. If that is done will it effect anything if she has to go on medicaid? Also, can a Durable POA and/or Medical POA be paid without it effecting anything,... Read more »
answered on Oct 11, 2022
Any gift will affect her ability to qualify for nursing home Medicaid in the next 5 years.
If you want to get paid as POA, someone will need to write up a comprehensive agreement BEFOREHAND in writing laying out the details of what you are doing and how much you are being paid. Otherwise,... Read more »
Contract written in the state of Ohio, land is in Kentucky now the buyer wants me to vacate the premises but the seller said I could stay with the buyer sitting right there with them verbal agreement. Who has legal authority to affect me the buyer or the seller ? thank you
answered on Sep 23, 2022
It seems you cannot enforce the verbal agreement.
Here are 3 reasons:
1) There was no consideration for the verbal agreement. In other words, you were promised the right to stay, but you did not say if you gave anything in return, which is also known as "consideration" or... Read more »
My mother-in-law received Medicaid benefits while she was in a nursing home. Upon her death the house and other assets were left alone as her husband was still alive. If us kids sell his house and vehicle before he dies will the state of Ohio stop the sale? If not, what happens when my... Read more »
answered on Aug 1, 2022
If you sell the house now, Medicaid cannot take any of the sales proceeds, since your father-in-law is still alive. He can then spend the money as he sees fit on items for himself. Once he passes, then technically, Medicaid has a claim against the remaining funds from the sale. However, with some... Read more »
My mother lives in Ohio and her will says that all debts should be paid on her death. Does this mean paying off the mortgage before my sister can have it?
answered on Jul 25, 2022
If your sister intends to move into the house and make it her primary residence, then she is entitled by law to assume the mortgage. The law I am referring to is called the Garn-St. Germain Act of 1982 and is found here: https://www.law.cornell.edu/uscode/text/12/1701j-3
The relevant... Read more »
of those assets. A small amount of money was left in the estate bank account. The property transferred to the new owners on April 1, 2022. The Executrix of the Estate asked the Probate court to extend the administration of the estate for another year on April 28, 2022 and put the reason for the... Read more »
answered on Jun 7, 2022
It is pretty routine to ask for an extension. The Executrix must prepare a final accounting and that can take some time. Also, a tax return might need to be filed for the profit from the sale of the house. That could be why the Executrix is holding back a small amount of funds.
When my brother filled out my dad's Medicaid paperwork I assume he included his vehicle in the non-countable assets. Currently, the vehicle is in front of my house while dad is in a managed care facility. Going forward, what are our options since I don't really ever see dad leaving... Read more »
answered on Jun 6, 2022
Medicaid will eventually take the car sale proceeds if sold after his death.
You can't add your name to the car. Otherwise, it will be considered an improper transfer and your father will be penalized by Medicaid.
While your father is alive, you can sell it for fair market... Read more »
What am I to do with his car? Sell it and hand the money to the managed care? Keep renewing the registration and pay insurance while it sits? I'm afraid to drive it myself since I don't want to cause any issues that would make my dad lose his Medicaid benefits and I fear getting in an... Read more »
answered on Jun 3, 2022
If you sell the car, the funds must be spent down within 30 days. It is not sufficient to just hand over the funds to the facility. Perhaps the funds can be used to pay for a prepaid funeral plan.
Also, if you let his house just sit there, then when he passes away, Medicaid will put a lien... Read more »
My father has dementia and when he was first put in a nursing facility and was disoriented became aggressive towards staff. He is now in a hospital for Alzheimer’s patients however he needs to be discharged at some point and nursing facilities who were contacted by the hospital social worker,... Read more »
answered on Jun 3, 2022
If he was in a nursing home prior to being admitted to the hospital, then he is technically still a resident of the facility. They must notify him in writing before he can be discharged from their facility. Once they notify you in writing, then you can appeal it. If you attend the appeal meeting,... Read more »
answered on Jun 2, 2022
There is no simple answer.
Here is a link to the regulation. https://codes.ohio.gov/ohio-administrative-code/rule-3701-17-15
Bed-rails are not specifically listed in the regulation as a restraint. However, a bed-rail certainly does restrain someone from free movement, so it can... Read more »
The trust doesn’t mention any certain assets just says all assets to be split. But the checking and savings have a transfer of death to someone else and they are saying it’s all theirs.
answered on May 27, 2023
The TOD designation takes precedence.
However, if the checking and savings account were titled to the trust, then you should speak to an attorney (as a trust cannot "die.")
Dad bought house with gf they are both on the title. Gf paid mortgage and dad paid electric bills, maintenance, for updates like flooring. He has cancer, if he passes away who does the house go to. My dad wants us his 2 children to have his assets. What does he need to do to ensure that?
answered on May 18, 2023
If the deed is held with rights of survivorship with his girlfriend, then his girlfriend will inherit the house if he dies first.
He needs to get an attorney to change the deed, while he is still alive.
My loved one supposedly wanted to be cremated and I think they didn't. My state requires all surviving living children to sign a document agreeing. I do not agree with the cremation.
She had Medicare and Medicaid also has disability income and widowers support. Should I seek out a lawyer or go ahead and sell.
answered on Mar 13, 2023
Many elder law attorneys offer a free consulation.
I would highly advise you to speak to one.
There are legal techniques that can allow you to salvage a portion of the sales proceeds for the family.
Is a Power of Attorney the appropriate and ethical way to do this or is obtaining guardianship more appropriate?
answered on Jan 12, 2023
A properly signed Healthcare Power of Attorney grants you the right to place someone in a nursing home.
The person signing it granted you that power.
They want them to pay by the day or lose the family farm. My mother has tried contacting her lawyer several times about an irrevocable trust. She has heard nothing. Is there anyway to stop the look back and/or deli the process?
answered on Oct 16, 2022
It depends on a number of factors. Is she married? Does she have a child living there? Does she have any disabled children?
She needs to speak to an attorney that specializes in elder law.
I am not married, but am considering it in a couple years, I couldnt find the answer online to this and am just curious. who has the advantage, if two people own a home 50/50 and one wants a guest over and one doesnt, who legally has the advantage, and how would this issue go about being resolved... Read more »
answered on Sep 24, 2022
You are not trespassing if a co-owner invited you in. Do not expect the police to get involved.
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