Legal Question in Real Estate Law in New Jersey
My elderly mother is in a nursing home and has been approved for medicaid.she transferred ownership of her home to my brother and I and the house was sold prior to the lookback period. Now that she has been approved for Medicaid and the money from the house is no longer neede to pay for her care, can I legally ask for the half of the money I signed over to my brother that was to go to her care? She has no assets now and Medicaid is taking care of the nursing home costs. My brother has never disclosed to me how much is left in the account opened up for her care. Legally don't I have the right to know what is going on and request to take control of my half of whatever is left?
1 Answer from Attorneys
First, I do not know the Medicare issues well enough to advise you in that area.
There was probably no reason for your brother to hold all of the proceeds of the house sale. Perhaps you agreed to that for convenience.
Unless there was a written agreement between you, it would be difficult to establish your interest in the funds.
Even though your mother's living expenses are covered by Medicaid, if there are any funds left from the account he opened, you and he may want to consider setting up a Supplemental Needs Trust. This would permit the use of those funds for items that would enhance her life, but that are not covered by Medicaid, and so long as the trust provisions are followed carefully, the trust would not make her ineligible for continued Medicaid benefits.
To create a Supplemental Needs Trust, you should consult with an elder lawyer in the area where you and she reside.
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