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Old 07-02-2007, 10:51 AM
 
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HI, my mother in law lives in Aberdeen Washington and has rcvd a letter of intent to place a lien on her home from the state for healthcare treatments her now deceased spouse rcvd eight years ago. Has anyone heard of such non-sense? Please help.....

Last edited by scirocco22; 07-02-2007 at 11:20 AM.. Reason: inserted state name in text for specific clarification
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Old 07-02-2007, 11:28 AM
 
Location: North Jersey
11,022 posts, read 15,718,985 times
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Quote:
Originally Posted by brighteyes5423 View Post
HI, my mother in law lives in Aberdeen Washington and has rcvd a letter of intent to place a lien on her home from the state for healthcare treatments her now deceased spouse rcvd eight years ago. Has anyone heard of such non-sense? Please help.....
Was/Is the house in the name of both?
If the house was only in mother in laws name did she sign anything to hold her responsible??

Your MIL may need a lawyer.
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Old 07-02-2007, 11:30 AM
 
Location: The Big D
14,874 posts, read 23,887,208 times
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Yes. This can happen and it does. If the patient moves into a nursing home and does not have enough insurance to cover the costs of living there they can place a lien on the property. When the last survivor leaves or passes away that lived on said property they can then take it over. Many old family homesteads and farms have been lost because of this. They can also place liens on bank accounts to recoup the costs. This is why it is recommended that people especially as they age to get everything out of their name. It can be placed in the name of a trust so that the property can be passed down to the next generation or in the names of their children. They are also limited to how much money they can have in a bank account. I believe all proeprty must be out of their name for a 4 year period PRIOR to receiving care.
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Old 07-02-2007, 11:33 AM
 
Location: North Jersey
11,022 posts, read 15,718,985 times
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Originally Posted by momof2dfw View Post
Yes. This can happen and it does. If the patient moves into a nursing home and does not have enough insurance to cover the costs of living there they can place a lien on the property. When the last survivor leaves or passes away that lived on said property they can then take it over. Many old family homesteads and farms have been lost because of this. They can also place liens on bank accounts to recoup the costs. This is why it is recommended that people especially as they age to get everything out of their name. It can be placed in the name of a trust so that the property can be passed down to the next generation or in the names of their children. They are also limited to how much money they can have in a bank account. I believe all proeprty must be out of their name for a 4 year period PRIOR to receiving care.
Isn't that a crying shame!!! That a surviving elderly spouse can be put in a situation like this
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Old 07-02-2007, 12:40 PM
 
Location: The Big D
14,874 posts, read 23,887,208 times
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Originally Posted by njkate View Post
Isn't that a crying shame!!! That a surviving elderly spouse can be put in a situation like this
Yes it is. It is easily avoidable though if the property is put in the name of a trust or their heirs names. Sadly many elderly people don't see it that way and are afraid their own kids are going to kick them out of their house or steal their money. They are also afraid of the "government taking everything" since they grew up in a different era and have a distrust of the government. What they don't realize is their family is trying to protect their homestead. Granted there are some people out there that will screw their own elderly parents which is really sad. It is one of those things that REALLY needs to be discussed w/ all family members BEFORE the parents get too old to understand how the system works. If all parties can understand it makes it much easier. The trust needs to be a "living trust" for the "family" and will spell out a lot more things that even deal w/ end of life issues. This way the person whose own care is effected can make their desires and wishes known and can state them while they are still "capable" and "coherent". The trustee's of the trust will and can still be the elderly parents but when they are deceased the trust still "owns" the property but the trustees change. That way nothing is being "taken away" from them. For everyone that has parents that are even in their 60's they really need to sit down and have a long discussion and make sure all affairs are in order as we never know what is around the corner and it is much easier on everyone knowing that all things are taken care of well before they are needed. The trust should also spell out all power of attorney issues.
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Old 07-08-2007, 07:47 PM
Status: "Winter is here, burrr" (set 7 days ago)
 
16,487 posts, read 11,985,627 times
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As sad as it may seem, bills are bills. When someone passes away that does not mean all the creditors they own (house, credit cards, medical etc.) suddenly no longer need to be paid. I suspect she has received numerous notices and warning about this money being owed for a long time. She should seek legal advise.
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Old 10-16-2007, 08:49 AM
 
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Originally Posted by brokencrayola View Post
As sad as it may seem, bills are bills. When someone passes away that does not mean all the creditors they own (house, credit cards, medical etc.) suddenly no longer need to be paid. I suspect she has received numerous notices and warning about this money being owed for a long time. She should seek legal advise.
No, actually she was not warned in advance. She was served a notice of intent to foreclose on her property. When her husband became ill, she had to take out a second mortgage on the home to help with the medical expenses and her husband was insured through his work. I think what really ticks me off....the husband was a foster parent for the state and only took in the worst kids ever. These were kids deserving prison and he and his family took them in and gave them a chance at a "new Life". Some turned out ok and some did not but I cannot believe the state turned their back on him after doing so much for the kids and the state. At this point in time the home cannot be transferred to any of the kids. If my mom in law were to sale the home she would still owe the difference between the sale price and the medical bills. Apparently when this ordeal started, when he became ill, the nursing facility liason gave my mom in law a bunch of papers and said
" these are for billing the insurance,etc", and she trusted what she was told. think of it this way, she is in her late 60's, her husband just had multiple strokes after being in a coma for 30 days and then had brain surgery on top of that. Would you be able to think clearly if only one of these things were happening to your spouse at this very moment. NO! Unfortunately, my husband and I were and still are 3500 mmiles away and the two other kids there in WA dont care about anything but themselves. Sad situation but hopefully this posting will benefit others by getting the word out early in order to protect your own parents assets.
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Old 10-16-2007, 09:38 AM
 
559 posts, read 1,572,743 times
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This is one of those "yes, they can do it", and "yes, she still owes the $$" - but I have to say it just is so WRONG . Especially in light of the service to foster children. How about contacting her local congressman or rep., to see if they can intervene? Sounds like an excellent option to get their attention. Best of luck with this, and also--I know it is very hard to deal with these things from such a distance - BLESS YOU!!!
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Old 10-16-2007, 03:43 PM
 
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A lien cannot be placed without the steps required by law having been taken and being documented. There are slight variations from state to state.

Have you considered flying home to try to sort things out for her?
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Old 10-17-2007, 10:19 PM
 
Location: South Dakota
733 posts, read 2,852,139 times
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The first post indicated a notice of lien filing had been received. Later the statement was made it was an "intent to foreclose." There is a world of difference between a lien filing and a foreclosure notice. The first is the beginning the the process. The second is the beginning of the END of the process.

If the lien is from the state agency administering Medicaid - and charged with recouping Medicaid dollars from persons with resources greater than the allowed maximum - the spouse living in the homestead WILL NOT be dispossessed. States, and the Feds from whom Medicaid money originates, have no interest in kicking mom out of the house to recoup the funds spent on dad. Now, if mom is no longer living in the homestead then the state can recoup what taxpayers have spent on dad from the residence. After all, if mom doesn't live there anymore then she won't be put out on the street.

TALK TO A LAWYER! Most Medicaid recovery agencies will be happy to compromise claims - preferring to get something today rather than maybe less a long time down the road.
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