Q: If I go 50/50 on a house with my parents and they pay the mortgage to me as rent, could Medicaid put a lien on it?
My parents are in their 70s and my father isn't in the best health.
You're walking a fine line here. Ohio Medicaid presumes that transfers to family members are "improper" under the Medicaid rules. The burden is on you to prove otherwise.
Issue 1: Could Medicaid put a lien on the house? - It depends on how title to the home is held. If they are 50% owners, then yes, Medicaid could potentially place a lien on the house in certain circumstances.
Issue 2: Parents paying you the mortgage as rent. - The arrangement needs to comply with the Medicaid rules or those funds may result in a penalty requiring you return all the money they paid you. As above, the details of the purchase and language in the deed can be very significant.
All in all, Medicaid planning is complex. You need to sit down with a qualified attorney to review the situation in detail and advise you.
Best of luck.
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.