Legal Question in Elder Law in California
I own property with my elderly mother, will I have to do medical/medicare repayment ?
Asked on 9/01/14, 3:49 pm
1 Answer from Attorneys
Len Tillem
Tillem McNichol & Brown
There is no Medicare reimbursement claim against your mother's assets upon her death.
If she dies owning the property, or a portion of it, then her interest in the property is subject to a Medi-Cal estate claim for benefits paid for your mother's nursing home care at any age or non-nursing home medical benefits after her 55th birthday.
However, the property can be sheltered by gifting it to you outright (usually a bad idea for tax reasons), or by transferring it to an irrevocable trust. My law firm does this sort of work. If you are interested, please contact me.
Answered on 9/03/14, 9:37 am
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