Legal Question in Wills and Trusts in Florida

medicare and nursing home parents assets

if my mother sells her home is the nursing home entitled to the profit from the sale if she is getting medicaid or medicare to help pay for her care?They get her ss check evry month


Asked on 3/18/09, 9:05 pm

1 Answer from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: medicare and nursing home parents assets

Whether she sells the home (which she may own and still qualify for Medicaid), or not, they are not entitled to anything. They just want to get paid, either by her or by Medicaid. The question is whether she will be disqualified for Medicaid, and if she sells the home, the answer is yes, she no longer qualifies for Medicaid. Since she will have over $2,000, she will no longer qualify for Medicaid and will have to use her assets (presumably the proceeds from the sale) to pay her nursing home bills until she gets back down to $2,000 when she can reapply for Medicaid. You/she need to confer with an elder law/Medicaid-knowledgable attorney before you do anything like this.

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Answered on 3/20/09, 10:30 am


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