Reverse Mortgage/Medicaid situation

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I am posting this because my mother in law seems to be in over her head (and I, quite honestly, have no experience in these matters) She's 56 years old, speaks very little English and doesn't understand any legal language, nor does she go over any fine print, etc.

My father in law passed away a year ago. My MIL's monthly mortgage bill is $650, and her Social Security check is around the same. She also received a letter from Medicaid that they would claim the house in the event of her death. This is what she's thinking of doing:

1. Getting a reverse mortgage - someone told her that she would get paid $200/month and that it makes sense, since the house is going to be taken away by medicaid when she dies anyway.. so nothing for her heirs.

2. Moving in with one of her daughters who will take care of her

3. Renting the house for $700 to her son

So, by doing this she has everything paid for, and will make money for a little savings. Does this sound good?

Wouldn't it be better if she just sold the house? Medicaid can't take over property once it is transferred to someone else.. correct?


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It sounds like mom doesn't have any assets, just a house with a mortgage (that the state intends to place a lien on). Heirs... (more)

SUCKISSTAPLES (Aug. 20, 2012 @ 11:52a) |

A reverse mortgage can make sense for somebody who wants cash, wants to keep living in the property, and doesn't care what... (more)

BrodyInsurance (Aug. 21, 2012 @ 2:50p) |

If she moves out of the home , Medicaid may have a stronger claim to it. I seem to recall the Mmmna or something like that... (more)

SUCKISSTAPLES (Aug. 22, 2012 @ 4:05a) |

 

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How much equity does she have in the house? has she considered just selling it?


Need more details on the house. How much is it worth, how much does she how, how many years left, what interest rate.


vishalj77 said:   1. Getting a reverse mortgage
UGH.

I'm not saying don't do it, but many of these are really bad. Supposedly AARP has some tips on their website about what to avoid in regards to reverse mortgages.

2. Moving in with one of her daughters who will take care of her

3. Renting the house for $700 to her son

I'm not familiar with all states, but in many states, the only thing keeping Medicaid from taking her house under the law now is that it's her "home", she's living there. If she moves out, it's no longer her "home". In some states you can lose this status because of a stint in a nursing home, if your away from your "home" for a period of time.

She can still move in with her daughter and have her son live there, as long as she technically maintains it as her residence (mail, utilities, taxes, etc.), and nobody in the family should ever acknowledge that she's "living with" her daughter.


Wouldn't it be better if she just sold the house? Medicaid can't take over property once it is transferred to someone else.. correct?
Trouble with that is Medicaid will want to know what happened to the proceeds, and if it is within the look-back period for that state, they likely can claw it back.

You really should have been on this before any applicable look-back period.


Whittaker said:   vishalj77 said:   1. Getting a reverse mortgage
UGH.

I'm not saying don't do it, but many of these are really bad. Supposedly AARP has some tips on their website about what to avoid in regards to reverse mortgages.

2. Moving in with one of her daughters who will take care of her

3. Renting the house for $700 to her son

I'm not familiar with all states, but in many states, the only thing keeping Medicaid from taking her house under the law now is that it's her "home", she's living there. If she moves out, it's no longer her "home". In some states you can lose this status because of a stint in a nursing home, if your away from your "home" for a period of time.

She can still move in with her daughter and have her son live there, as long as she technically maintains it as her residence (mail, utilities, taxes, etc.), and nobody in the family should ever acknowledge that she's "living with" her daughter.


Wouldn't it be better if she just sold the house? Medicaid can't take over property once it is transferred to someone else.. correct?
Trouble with that is Medicaid will want to know what happened to the proceeds, and if it is within the look-back period for that state, they likely can claw it back.

You really should have been on this before any applicable look-back period.

"legalize" the money. Buy lots of 500$ VISA and AMEX cards at the local grocery store.. then pay cc bill with sale proceeds. Done.


A reverse mortgage becomes due as soon as she moves out of the house

So if she does get a reverse mortgage , she must absolutely stay in the home.


If she is moving and the government will take the house, why not stop paying the mortgage? Let the house go into foreclosure. She can't afford to pay the mortgage and why do so if she is just building equity for Uncle Sam?


I used to work in the Medicaid office of my state. Like unemployment benefits, Medicaid is very state-specific - so to be on the safe side, check the statutes of your state as to who qualifies for Medicaid. Usually the criteria is spelled out on a dot-gov web page. With a bit of digging, I am sure you'll find it.


vishalj77 said:   1. Getting a reverse mortgage - someone told her that she would get paid $200/month and that it makes sense, since the house is going to be taken away by medicaid when she dies anyway..
??? If Medicaid will take the house (i.e., has a lien on it for the full value), what company would give her a reverse mortgage? Those shady operators assume they have will have clear title upon the death of the homeowner, but if the gov't has a prior claim, they'll never give her the reverse mortgage.


vishalj77 said:   She also received a letter from Medicaid that they would claim the house in the event of her deathIs this part of how they will be gutting Medicare to pay for ACA ?


xoneinax said:   vishalj77 said:   She also received a letter from Medicaid that they would claim the house in the event of her deathIs this part of how they will be gutting Medicare to pay for ACA ?

No, pretty sure Medicaid has always had the rights to place a lien on the estate for the value of care provided.


OP does not mention any care that was paid by Medicaid


UncaMikey said:   vishalj77 said:   1. Getting a reverse mortgage - someone told her that she would get paid $200/month and that it makes sense, since the house is going to be taken away by medicaid when she dies anyway..
??? If Medicaid will take the house (i.e., has a lien on it for the full value), what company would give her a reverse mortgage? Those shady operators assume they have will have clear title upon the death of the homeowner, but if the gov't has a prior claim, they'll never give her the reverse mortgage.

Medicaid probably hasn't placed a lien on the house as of yet, so if they hurry they may indeed be able to get the reverse mortgage

That would actually not be a bad situation as it turns the $650 mortgage expense into a $200 payment to the senior for the rest of her life , till she can't live there anymore


xoneinax said:   OP does not mention any care that was paid by Medicaid
It was probably paid for her husband and now Medicaid is advising the spouse of their intent to lien the home


SUCKISSTAPLES said:   Medicaid probably hasn't placed a lien on the house as of yet, so if they hurry they may indeed be able to get the reverse mortgage
Yea, maybe, but if that's the case the OP needs to budget for legal expenses when the r-mortgage company realizes they've paid out money and don't get the house.

It's hard for me to believe that the r-mortgage people wouldn't know about these things and would not do their own due diligence.


The lien is secondary to an existing mortgage

the mortgage is recorded first....which is why if op hurries they may still be able to get it before the Medicaid lien is placed

If lenders got screwed due to Medicaid liens taking priority, no senior citizen would be able to get a mortgage


SUCKISSTAPLES said:   The lien is secondary to an existing mortgage

the mortgage is recorded first....which is why if op hurries they may still be able to get it before the Medicaid lien is placed

Worth a shot. OP will discover very quickly whether the look-back law in that state covers the proceeds from a reverse mortgage.


Whittaker said:   OP will discover very quickly whether the look-back law in that state covers the proceeds from a reverse mortgageLook back or not, you cannot squeeze blood from a turnip


xoneinax said:   Whittaker said:   OP will discover very quickly whether the look-back law in that state covers the proceeds from a reverse mortgageLook back or not, you cannot squeeze blood from a turnip
I meant the lender might not want to underwrite it if the look-back law is encompassing (unless the lender is unscrupulous, which returns to my initial point of checking with consumer advocacy in regards to the matter).


The Medicaid lien is not going to be enforced for 30+ years till this senior dies. There is no lookback issue .

Just bc Medicaid places a lien doesn't mean they'll get full, or any , payment


SUCKISSTAPLES said:   The Medicaid lien is not going to be enforced for 30+ years till this senior dies. There is no lookback issue .
Actually, we don’t know when she will die, we don’t know if or when she will move out, or what the look-back provisions are in that state, which is why I posted that the OP should find out rather quickly if a reverse mortgage is applied for.

Just bc Medicaid places a lien doesn't mean they'll get full, or any , payment
Of course, but a lot of the states have really beefed-up their look-back laws, and put some real teeth in them, allowing them to seek redress and claw back assets or monies from the adult children and/or other heirs.


xoneinax said:   vishalj77 said:   She also received a letter from Medicaid that they would claim the house in the event of her deathIs this part of how they will be gutting Medicare to pay for ACA ?

Not every undesirable part of healthcare is due to the ACA. The fact is that there are lots of lousy aspects of American healthcare that have been going on long before the ACA. The ACA was designed to prevent some of that. Blaming the ACA for everything will get you nowhere. The ACA was passed and upheld by SCOTUS. It's time to get over it.


Whittaker said:   SUCKISSTAPLES said:   The Medicaid lien is not going to be enforced for 30+ years till this senior dies. There is no lookback issue .
Actually, we don’t know when she will die, we don’t know if or when she will move out, or what the look-back provisions are in that state, which is why I posted that the OP should find out rather quickly if a reverse mortgage is applied for.

Just bc Medicaid places a lien doesn't mean they'll get full, or any , payment
Of course, but a lot of the states have really beefed-up their look-back laws, and put some real teeth in them, allowing them to seek redress and claw back assets or monies from the adult children and/or other heirs.

It sounds like mom doesn't have any assets, just a house with a mortgage (that the state intends to place a lien on). Heirs aren't getting much in this situation


vishalj77 said:   I am posting this because my mother in law seems to be in over her head (and I, quite honestly, have no experience in these matters) She's 56 years old, speaks very little English and doesn't understand any legal language, nor does she go over any fine print, etc.

My father in law passed away a year ago. My MIL's monthly mortgage bill is $650, and her Social Security check is around the same. She also received a letter from Medicaid that they would claim the house in the event of her death. This is what she's thinking of doing:

1. Getting a reverse mortgage - someone told her that she would get paid $200/month and that it makes sense, since the house is going to be taken away by medicaid when she dies anyway.. so nothing for her heirs.

2. Moving in with one of her daughters who will take care of her

3. Renting the house for $700 to her son

So, by doing this she has everything paid for, and will make money for a little savings. Does this sound good?

Wouldn't it be better if she just sold the house? Medicaid can't take over property once it is transferred to someone else.. correct?

A reverse mortgage can make sense for somebody who wants cash, wants to keep living in the property, and doesn't care what happens after they die. All of that is irrelevant here because she is too young to do a reverse mortgage. One must be 62 or older.

If she wants to move in with her daughter, she should move in with her daughter. What should be done with the house? Way too many details are missing.


If she moves out of the home , Medicaid may have a stronger claim to it. I seem to recall the Mmmna or something like that determined what a spouse can keep when the other spouse needed care

Better the relative moved in with her , than if she left the property




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