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Does the house have to be in Dad's name for Medicaid?

While applying for my dad, my brothers and I transferred the house (with affidavit of heirship) into our names. This is also my primary address since dad and I shared the residence since I moved back in1986. My mom passed w/o a will, but I made certain that we got one for dad. My question is this: in the state of Texas, does the house have to be back in his name to receive benefits?

Status: Open    Jan 11, 2017 - 12:51 PM


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Jan 12, 2017 - 12:18 PM

Transferring the house to the children's name would be considered an uncompensated transfer and cause your father to have a Medicaid penalty in the amount of the value of the house. If you have lived with him for two years (or more) that he would have needed nursing home care if you had not been there; then he could deed the house to you without a penalty. You could transfer back to him to cure the penalty situation and then he could deed to you. According to how the house was owned by him and your mother, the children may own 50% of the house anyway. In that case you would only deed back that 50% interest.
I strongly urge you to seek help from an attorney who does Medicaid work. You may be making a costly mistake.
This advice is based on Alabama law. Medicaid qualification varies from state to state be sure to check locally for a final answer.
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