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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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Mostly Independent
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This is something that definitely needs expert advice from someone who knows Illinois Medicaid and estate law. A working farm would be considered as an uncountable asset under the laws of some states if significant income was being generated. There would be no reason to make changes in ownership. However, states may differ in their laws, and sometimes decisions of the government can be unpredictable. I would not do anything without first getting expert advice. You could end up shooting yourself in the foot if it is not done correctly. Changing ownership might be the worst thing you could do -- I don't know, since I'm not an expert on these things.
The undivided portion of the Medicaid applicant's share might be considered inaccessible as an asset, thus exempt. This is a perfect case for a legal opinion from the proper elder law/Medicaid attorney.
A big question is if it is a working farm that provides important income for the family. Family businesses have special consideration when it comes to Medicaid. If it is not a working farm, it will be handled as a property that your sibling has interest in.
This is a question that only your State Medicaid office can answer. Each State manages their own Medicaid programs so what one State does, another State might not.
Paying the sibling 3 or 5 times that value would seem like a good starting point if the undivided portion of the Medicaid applicant's share is considered an accessible asset. I do hope it is considered an inaccessible one.
Farmland is precious and my worry would be that having it appraised by the wrong person would set its value at what a developer would be willing to pay for it. Farmland is often subsidized and/or granted property tax abatements. But, towns and counties would much prefer to get paid higher property taxes like the ones that come from single family homes and housing developments.
Ask the farm bureau in your area where to start. Perhaps paying the third sibling to give up his/her share of the farm is a good idea if the amount is reasonable and affordable. Do you happen to know how much the farm currently pays in property taxes? Do you know how much the farm currently generates in annual revenue?
How do they hold title? Jointly, with each having a 50% share? That might factor in. Check the deed, or if you don't have access to it, get a copy from the county clerk's office, register of deeds, or other entity which records property.
I know very little about Medicaid, but it seems to me that the % of ownership would be a factor.
And as FF advises, contact Medicaid to raise the issue, after you've determined how much interest each sister has in the property.
What is the assessed value? In county assessor's records? That is a good starting point. Are there water rights included? Maybe selling portion of water rights would get sibling the value needed so in effect you buying sib out. Get with an attorney well versed in Medicaid and farm/water law.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Farmland is precious and my worry would be that having it appraised by the wrong person would set its value at what a developer would be willing to pay for it. Farmland is often subsidized and/or granted property tax abatements. But, towns and counties would much prefer to get paid higher property taxes like the ones that come from single family homes and housing developments.
Ask the farm bureau in your area where to start. Perhaps paying the third sibling to give up his/her share of the farm is a good idea if the amount is reasonable and affordable. Do you happen to know how much the farm currently pays in property taxes? Do you know how much the farm currently generates in annual revenue?
I know very little about Medicaid, but it seems to me that the % of ownership would be a factor.
And as FF advises, contact Medicaid to raise the issue, after you've determined how much interest each sister has in the property.
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