5 years ago Mother forged my name on documents to transfer property that she and I inherited. How will this impact Medicaid?

Bio, Putting aside the issues on what she did with property & when, what to me could be a HUGE issue for her LTC NH Medicaid eligibility will be is IF this property that is in her name IS as you posted a commercial property with 2 rental units. So it is not purely your moms residence with a homestead exemption. & so I bet Medicaid will view it as a nonexempt asset. An elders home that they live in can be an exempt asset (for their lifetime by & large) but Medicaid is not going to allow a commercial property with rental units to be ok as exempt asset. Even if it’s only 50% hers, it’s still commercial w rentals.

Nonexempt assets for an individual applicant for most states is capped at $2,000.00. Yep, Two thousand dollars. That property, however it is titled - whether just her name or 50% her&50% you - will likely be a nonexempt asset. Medicaid is going to want it sold and the proceeds used in a spend down 1st and foremost till she is impoverished and under 2K in nonexempt assets. Medicaid is going to want rent to be income to her & her income must be used as a copay to the facility. Medicaid may, again may, allow for her to be Medicaid Pending as long as there is a MLS Realtor agreement and active listing for a set period of time. I know for some States, they will do this but you really need to clearly speak with a atty experienced in LTC Medicaid in your mom’s state as to what state allows if it’s a commercial property that owned rather than a residential property. Not all places do Medicaid Pending.

I’d try to find all this out & soon from an attorney, cause…Selling a property & getting it market ready can be in & of itself quite a project in time & $$$. If she has no $ to herself pay for whatever needs to be done, are you prepared to do, buy, spend? ((This in addition to the $6500 it seems that you are paying on her care right now?!?!?)) Plus you know title issues, so if you realistically will never ever be an owner, you may find yourself doing all & cannot easily ever be reimbursed when it sells as it looks like “gifting” from her 2 you. Really you want to get clear guidance on all this b4 u do & spend even further from an CELA level of atty in her State.

Also if you have been fronting $6500 MC costs, omg please stop paying. She needs to use whatever $ & rental income she has to self pay. I’m guessing that you are 24/26? That’s my kids age, absolutely no way I would ever want him saddled with paying for my or his dads care. This is the time for you to be going, doing, exploring before you yourself decide to start a family or buy a place if you even want all that….. no way should you be on the hook legally for $6500 a mo for her care.

If you think mom will likely also have other financial issues (I get it my late Mil was a real financial terrorist if there was a obvious bad path she took it), dealing with all of this will totally be on you. Plus you live in another state, so may need to have local atty do filings or hire a property management Co to oversee upkeep while it’s under Realtor contract.

Please Find an atty in moms state, gather together all the financials on her and whatever documentation on the property and the MC contract and go over all this w the atty as to best options for you. You have already done a lot for her; you have shown love,concern & devotion. But there are limits. Good luck and do not let her “guiltify” you.

As long as you have a clear paper trail and maybe a statement from an attorney or state official about the correction I would think reversing Moms illegal action would help not hurt her Medicaid application. She is reverting back to only 1/2 ownership giving her less asset from the property if I’m reading this correctly. If she lives in the property she should be paying bills (I’m guessing no mortgage) for the portion she lives in, if some or all is rented then the renter should be paying for their utilities unless it’s included in the rent. However it’s funded that’s what should be paying the expenses not you (unless you were living there) and then if anything is left over as clear income it would either be put into a house fund to draw from for maintenance or split between you and BM as income. That’s a simplification and you should probably consult with an attorney about how to set this up in that state but more to protect yourself as a partner with your mother than anything and the house can and should pay for this.

It is a commercial building w/ 2 rentals. Yes, she demanded I sign it over after my Grandmother passed, she had adopted me and intended for me to get 1/2 but a will was never made. At 19 and a college student , I did not have 4000. She lied and said I would have to pay.
Yes, she is special !

If it's meager, as you say, why not just let it go? Money issues cause so much hostility and frustration; holding on to arguments over money can ruin your happiness..........please consider letting go.

1. How, specifically, did the title of the property read and how did she change it? Was the deed a warranty deed or quit claim? Was it recorded? How was it rescinded, or corrected, if at all?

2. More details on the "reversal" would help, especially to determine if it rescinded the earlier action.

3. Have you consulted a real estate attorney to determine if the reversal completely negated the earlier transfer w/o your signature?

Your mom sounds like a real piece of work. She essentially stole from you and you are still trying to help her. Why?

Transferring the property now, if a court action, should not impact medicaid. Just make sure everything is done through the court to correct what mom should not have done 5 years ago.

But, remember half of that house value is still mom's and will have to be spent down. Are you able to buy mom out at fair market value?

You need to speak to a NELF certified eldercare attorney who practices in the state where mom resides.

Medicaid is highly state-specific and it is well worth the investment of some of mom's money to get guidance.

From your profile, it sounds like your mom is her own worst enemy. In any circumstance, you should NOT PAY for her care; her resources are what get used for that.

Medicaid does a 5 year look back. So what Mom did will not count against her now.

To get Mom help, you may have to wait for something to happen like a Hospital stay and even better going to Rehab. If Mom goes to Rehab, you can have her evaluated for 24/7 care. If its found she needs it, once her Rehab is done she can be sent to LTC. You tell the hospital and rehab that sending her home would be an "unsafe" discharge. That there is no money for caregivers and you cannot care for her.

As Barb says, an Elder Lawyer can help you maneuver medicaid.