Can Medicaid Claim Home Sale Proceeds After a Spouse Dies?

My mom was on Medicaid for five years for memory care but she passed over a year ago. My father still lives independently in their Indiana home; both their names are on deed. He has no other assets of value. Two questions: Can he sell the home (worth $175,000) and put money in a savings account (his daughter is on the...

See the Answer

Is a Medicaid Patient's Nursing Home Co-Pay Tax-Deductible?

My husband has lived in a nursing home since December 2024. He is on Medicaid and is diagnosed with Lewy body dementia. Each month, I write a check to the nursing home for the gross amount of his Railroad Retirement pension, minus a few hundred dollars in insurance premiums. Would any part of what he pays to the nursin...

See the Answer

Do I Have Tenant Rights If My Brother Has Power of Attorney?

I was living with my parents in their house. Mom passed away. It was me and Dad until he had to move to assisted living. He said I can live at the house and take care of it. My brother has power of attorney. Can my brother just show up and demand entry, or does he have to give notice first? I’ve been here almost five y...

See the Answer

Will Gifting to a Caregiver Affect Her Spouse's Medicaid?

We want to gift to one of my Dad's caregivers. Her husband has early onset dementia and is on Medicaid. What is the most we can give her without impacting Medicaid?

See the Answer

How Can We Protect Home Sale Proceeds to Supplement Income?

My partner has been living in a neighboring State for six years now. We spend winters at my home and summers at his. We did a living trust a couple years back, so our assets would go to each other and then ultimately could be sold and divided equally between our five adult kids. We have no stocks and no big assets othe...

See the Answer

Does a CCRC Refund Follow the Will or a Named Beneficiary?

My Dad's will states that all of his estate is to be divided equally between me and my sister (also the executor). He moved into a Continuing Care Retirement Community (CCRC) after an Alzheimer's diagnosis. My sister sold his house and the proceeds became the entrance deposit. She claims that our Dad wanted her to be t...

See the Answer

Can I Delay Medicare Part B if I Work Past 65?

I am turning 70 in June but wish to continue working. I have an employer health plan for a company that employs over 20 workers. When I apply for Social Security benefits must I also apply for Medicare Part B or an Advantage Plan?

See the Answer

How Can I Find a Parent's Living Will and Check for Fraud?

My sister revised my mother's will when my mother had dementia. I believe my sister stole money from my mother during that time. How can I see if my mother had a living will or not?

See the Answer

Facing Homelessness Due to Social Security Overpayment?

When my wife died, Social Security continued payments to our joint account for 10 years following her death, which I thought was her retirement. A letter arrived regarding overpayment of over $100,000. I had been receiving my own Social Security monthly and now they are taking every penny to pay back the over payment o...

See the Answer

Am I Liable for Grandma's Nursing Home Debt as Her POA?

My grandmother was in a nursing facility for several months before she died. I was not able to get her qualified for Medicaid because of her life insurance policy. As her granddaughter and power of attorney, am I responsible for paying when she had no funds in her bank account? (She only received Social Security benefi...

See the Answer

Recent Elder Law Articles

Recent Medicaid Articles