Get free answers to your legal questions from lawyers in your area.
not used. Can the Estate Exemption be transferred to the heirs? What can be done?
answered on Jun 7, 2022
It can only be transferred to a spouse. Also, it must be done within a short window of time.
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... View 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... View More
My house has foundation issues so no one will buy it.
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... View 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... View 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,... View 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,... View 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... View More
My first cousin died. He left no will. He had no children. His wife, brother and sister are deceased. His parents and grandparents are also deceased. He has one living niece and one living aunt. He lived in Ohio. Based on this information, who do you think inherits his estate?
answered on May 2, 2022
1/2 TO HIS BROTHER'S CHILDREN, EQUALLY.
1/2 TO HIS SISTER'S CHILDREN, EQUALLY.
I forgot to say a few more things about that equity line of credit issue with my mother. Her house is in disastrous condition and is worth far, far less than what she owes the bank. So the bank simply taking the house, I don't think that will satisfy them, unless (I hope) by law that's... View More
answered on Apr 6, 2022
It depends on the loan agreement.
In any event, you are not personally responsible for the loan.
Years ago the bank made me a co-owner (joint checking account) of my mother's checking account. I wanted to just be POA to help pay her bills, but they made me a joint owner instead. She has a $55,000 line of credit on her home that she will never pay off. She is under hospice care and pretty... View More
answered on Apr 6, 2022
They will foreclose on the house to get paid.
They can't go after you personally.
I am guardian of my aunt in Michigan, she is in nursing home in Michigan, and will need forever long-term skilled care, she is on Medicaid/Medicare/SS. She is the beneficiary to a life insurance policy, it can be claimed. I am trying to move her to Ohio as we are her last remaining family. A... View More
answered on Apr 5, 2022
Im general, during the pandemic, Medicaid is not cutting people off Medicaid, if they are already on Medicaid.
You should speak to a Michigan elder law attorney to confirm this for Michigan.
If that is the case, then you would be able to claim the finds now and then apply for... View More
I only have Social Security. We are both 68 and retired. If he goes to a nursing home in the future, does all of his SS as well as pension/401k go to his nursing home bill, while I am left to struggle to make ends meet on just my SS?
answered on Mar 19, 2022
In Ohio, there are Medicaid rules in place to protect the community spouse. This includes rules regarding a fair split of all the income, as well as special rules regarding protecting a 401k.
However, there is a lot of confusion out there regarding the rules.
It is imperative that... View More
We are working on getting her on Medicaid.
answered on Mar 4, 2022
No, being power of attorney for your mother does not make you personally responsible for her debt.
It just allows you to help your mother pay her bills using her assets.
The trust was in his and his two sisters name
answered on Feb 12, 2022
Unless there is proof that the trust owned these items, then these become part of his probate estate and will be distributed as outlined in his will.
Rest of her natural life. She is in a memory facility with no chance at recovery from her cognitive decline. May we sell the house?
Or must we board it up until her physical death?
answered on Jan 6, 2022
If her Power of Attorney document allows you to sell real estate, then you can sell it now.
Elderly mom with Alzheimer’s disease needs 24 hour care. She is living in nursing home & needs Medicaid help to pay. Can her spouse sell their house in Ohio and use money left after mortgage payoff to buy another house or does he have to pay back Medicaid mom’s share of proceeds?
answered on Dec 13, 2021
He must first put the house into his name only. Then, if he sells his house, he can use the money to buys another house.
answered on Sep 14, 2021
Medicaid could put a lien on half of the house in order to recoup any funds they paid on behalf of your mother. This is assuming she was in a nursing home or received nursing home waiver services or received Medicaid benefits after age 55.
However, if you took care of your mother for 2... View More
The only thing that would go through probate if I were to file would be his truck. No other assets. His wife is deceased. House was foreclosed on. Bank account empty. There is no will. If I were to file in Probate Court as a Small Estate, and notify Medicaid in the process, would they come after... View More
answered on Aug 4, 2021
If the truck is worth less than $5,000 and you paid for the funeral and the funeral cost more than the value of the truck, then you can file for a Summary Release from Administration and Medicaid does not need to be informed or paid back.
If my father passes without a will, I'm worried that I will not be able to do anything because I live in PA. His sister and i are the only remaining, close blood relatives. My aunt lives in Ohio. Would it fall to her or me?
answered on Jul 4, 2021
If he is not married and you were his only child (i.e. he had no other living or deceased children) then you are entitled to his entire probate estate, if he had no will.
However, certain assets may have passed directly to your aunt or others, if they were named on his bank account or life... View More
i am 58, fully disabled and want to file for a homestead property tax reduction. i am the one that the quit claim deed removed from the home ownership.
can we file a new deed that allows us as co home ownership?
answered on Jun 16, 2021
If she is the current owner, she can sign a new deed putting you on as a co-owner.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
