PLEASE HELP! Father dying and losing home (rent, insurance)

[ConfusedNTN]

Hello, I am desperately needing some advice. I do intend to hire a lawyer but we have zero cash at the moment and need to start figuring out things now.
Our story:
My father owns 2 homes. He lives in 1 with my special needs brother and I live in the other with my wife and 2 kids.
Both homes are in my fathers name and are owned free and clear and we don not pay any rent to him.

My father does not have any income other than 600$ a month my brother receives for disability. My brother has autism and has been disabled his whole life.

My father is 60 and had a major heart attack 2 days ago. He is currently in ICU and does not have any insurance or cash. He and my brother live off of my brothers disability check and I help them whenever they need something.

I need to get my father approved for Medicaid or tenncare to help with care or a pacemaker while protecting both houses and my brothers disability benefits.

I am thinking we can quitclaim both houses to my brother and make me the executor. Since he is a special needs child I read this will not disqualify my dad from Medicare. This is what I read on the internet but I also read that owning a 2nd home may disqualify my brother from his disability benefits.

Again, I do not have any knowledge of how this works and just got this info from searching the internet. Can anyone please help or give me some insight or direction?

[LLCNYC]

Why are you not paying rent if he's broke?

I would speak to someone in the ICU maybe they will refer you to the social worker.

[jchometeam]

Hate to be harsh, but it sounds like he needs to sell the house you are living in to pay his medical bills and care for himself and your brother. Or you need to pay market value rent if that is enough to make his ends meet without selling the home. If your dad has something of value (two paid for homes), those should be used to pay for his financial obligations before turning to my tax dollars to pay for it.

[2mares]

Originally Posted by ConfusedNTN

Hello, I am desperately needing some advice. I do intend to hire a lawyer but we have zero cash at the moment and need to start figuring out things now.
Our story:
My father owns 2 homes. He lives in 1 with my special needs brother and I live in the other with my wife and 2 kids.
Both homes are in my fathers name and are owned free and clear and we don not pay any rent to him.

My father does not have any income other than 600$ a month my brother receives for disability. My brother has autism and has been disabled his whole life.

My father is 60 and had a major heart attack 2 days ago. He is currently in ICU and does not have any insurance or cash. He and my brother live off of my brothers disability check and I help them whenever they need something.

I need to get my father approved for Medicaid or tenncare to help with care or a pacemaker while protecting both houses and my brothers disability benefits.

I am thinking we can quitclaim both houses to my brother and make me the executor. Since he is a special needs child I read this will not disqualify my dad from Medicare. This is what I read on the internet but I also read that owning a 2nd home may disqualify my brother from his disability benefits.

Again, I do not have any knowledge of how this works and just got this info from searching the internet. Can anyone please help or give me some insight or direction?

It can be done but I dont think it is as simple as quitclaim. We did something similar after my dad died after cancer and a couple weeks in ICU. We had moms house put in our names (4 siblings) although she was still the owner so if she did have some major medical she would not lose her house. Check with the courthouse.

[JOinGA]

Medicaid has "lookback" rules, so trying to make changes in ownership of a second home now may be too late. You do need the advice of an attorney.

[doc1]

Originally Posted by JOinGA

Medicaid has "lookback" rules, so trying to make changes in ownership of a second home now may be too late. You do need the advice of an attorney.

This. You be best served if you find an attorney that specializes in elder care / Medicare / SS issues as they can get complicated.

[Beretta]

Originally Posted by JOinGA

Medicaid has "lookback" rules, so trying to make changes in ownership of a second home now may be too late. You do need the advice of an attorney.

This is why estate planning is so important.

[firemediceric]

This ship has taken on too much water to be bailed out now. 5 year Medicaid look-back will cause the quit claim rouse to not benefit your father's financial situation. Florida, which I am very familiar with, I am sure is much different than Tennessee, which admittedly I am not familiar with other than the Federal guidelines which are standard across the states. In Florida the primary residence can be declared homestead and not included in the Medicaid asset calculations.

[delhidi]

The home that your father lives in will not be counted as a resource. But the other property would be considered an asset/resource and he may not be eligible for Medicaid. He may be able to get on disability but he would have to be on that for 2 years before he gets any medical.


You do need to seek advice from an attorney. You can contact your county's Office for the Aging regarding your father's medical needs and your local Department of Social Services does or should have an attorney on staff. He or she can possibly give some advice/assistance which would be free. Good luck.