I am from Arkansas and will soon be taking care of my Mom. She has mild to moderate Alzheimers disease. We anticipate that she will be living with us for at least two years, or for as long as we can care for her, whichever comes last. We are looking for some guidance from those who have already dealt with this situation.
My sister and I are concerned about our mother's assets, especially her real estate, should she require full-time nursing home institutionalization. Mom worked in a factory (frequently in 115 degree heat in the winter and freezing cold in the summer) for more than 30 years. Her assets are everything to her, because she had to work so darn hard to earn and maintain them. Most of Mom's liquid assets are in an irrevocable trust for the disabled. The trust will enable mom to qualify for Medicaid, should she require it, but will repay Medicaid upon her death. We are very pleased mom established this trust. We believe that this will preserve more of her assets. However, this is a financial trust, and it does not protect her real estate. Her home (single family) is in Illinois and it is held in an Illinois Land Trust. The trust was set up in the 1990's. My sister and I are the beneficiaries of the trust in the event of our mom's death. The Trustee is a bank in Illinois.
Question: Is this property protected against a Medicare Lien, pay-down requirement, or eligibility penalty.
Question: Mom has vacant property in another state. This is held by her by a deed without encumbrances. She is sole owner. I know that the property will have to be used to fund her care prior to her Medicaid eligibility. However, can my mother give me title to the properties as a disabled adult child? We would like to buy some time before selling them, since the real estate market is so depressed. What are the pros and cons for her and me? Unless demanded by Medicaid, we (my Mom, sister and I) would like to keep the properties until Mom passes away. My sister is okay with this, because she knows that I would share everything with her. I couldn't sleep if I didn't!
I know these questions sound so self-serving, but my Mom wants to protect her assets and I didn't know who to ask.
I am the community liaison for Attorney Sean W. Scott, Law Office. We are located in Florida and the laws are different for all 50 states. I would highly recommend you go to the website Martindale Hubbell which is a legal sight and look for an elder law attorney in your area. We usually give a free consultation to our clients. Hopefully, the attorney you contact will as well. You have many different variables you are dealing with ie: property in another state so you really need a good Elder Law Lawyer in your state to answer these questions for you.