Legal Question in Elder Law in Michigan

My mother in-law is on Medicare and lives in a state facility. She has a house that has been empty for three years. She owes 2 years back taxes. Can my 35 year old son move in and pay her taxes and utility without her being removed from Medicare. She is 86 years old with Alzheimer. We live in ingham county lansing, michigan


Asked on 2/05/10, 5:30 am

1 Answer from Attorneys

Sanford Mall, JD, CELA Mall Malisow & Cooney, PC

I believe your question actually relates to Medicaid and not Medicare. Medicare coverage would not be affected by ownership or gifting. However, Medicaid eligibility could be. Your mother-in-law's empty homestead can be occupied by a family member who pays the expenses to help make sure that the property is maintained, insured and not lost to the county for unpaid taxes. There is also a question about the homestead property tax exemption under these facts. I recommend you consult with an experienced elder law attorney who should be able to answer your questions and make sure there are no other issues that also need to be addressed to protect your mother-in-law, her Medicaid coverage and her property.

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Answered on 2/10/10, 6:07 am


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