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Is Child 2 "disabled" if he's able to work a full-time job? He has learning disabilities which limit him, but doesn't being gainfully employed make him technically not legally disabled?
There is a bit of gray area. You also said Child 2 cannot live alone. I'm struggling with this with my older autistic brother - we're currently in an experiment. Determination varies by state; in Nevada, my brother is not disabled because we have no documentation of diagnosis of autism from when he was a minor. In your state, things may be different.
And, I'm not sure "legally disabled" is the right concept. The definition appears to vary by governmental entity: IRS, Social Security, Americans with Disabilities Act, various state statutes, etc all define it somewhat differently. It does not appear to be uniform - I suspect an individual might be disabled for ADA purposes but not for Medicaid, or vice versa. This isn't my field, but it is worth spending some time researching this.
I looked up the owners again. Same as it was; nothing has changed. (Both own House A. Husband listed as sole owner of House B.)
It seems that the County Recorder/Registrar needs to be informed that the husband is deceased. A certified copy of the Certificate of Death, coupled with instructions on who the new owner is.
It seems that the County Recorder/Registrar needs to be informed that the husband is deceased. A certified copy of the Certificate of Death, coupled with instructions on who the new owner is.
I would stay out of my friend’s business. I would mention that it’s Medicaid fraud if she decides to pursue it but I wouldn’t turn her in. I would bet that Medicaid runs checks to see if people own property, etc.
I would stay out of my friend’s business. I would mention that it’s Medicaid fraud if she decides to pursue it but I wouldn’t turn her in. I would bet that Medicaid runs checks to see if people own property, etc.
Don’t we have a law that lying to Federal government is a felony :5 years in prison + $250K as a fine?
So she may have bigger issues than just losing a house to Medicaid; she could end-up “buying time in a Fed’s house” - which would certainly provide a free healthcare for her, food and meds - if that is her goal?
Medicaid is a Federal Program but run by the States, applicants must sign under penalty of perjury.
Reading OP’s additional details it doesn’t sound that a second son is disabled.
I could be wrong, but learning disability doesn’t equal a true recognized as such legal disability.
The whole situation is a mess and unless the mother in the throes of early dementia - which could be reported to elder ombudsman as she was being financially abused by her oldest son or other social services of the state - we can’t help.
A lot of people screw up their lives even worse than this woman has.
At least she has a roof over her head and food now.
Of course depending on the state in question, the likely scenario would be that the state will file a lien against the home and whomever sells the house would get less. If she goes into a nursing home then she would have to spend down the funds before she qualifies for medicaid again.
Re "helping her" -There is a big difference between won't help herself and can't help herself. If she falls into can't, you can certainly offer her your research skills, information gathering and the like, but if she simply won't, I would decide if you can accept her flaws and all while maintaining your own boundaries.
She is obligated to file taxes with the IRS and indicate that her husband is dead on her tax return.
If her husband was buried or cremated - often the funeral home already reported him dead to Social Security - as she must return the money for the month of his death if it was sent to him
The fact that she didn’t mention it to you makes me think that you two are not really close friends
Or that she is very confused and perhaps intellectually challenged due to whatever affliction she may have.
If she is thinking that she is smart by not changing the title deed in her own name only in hope to get on Medicaid - I have news for her.
She may end up losing the house to some fraudsters who would present a death certificate and some fake documents and title the house in their name to try to sell it from under her, or “rent” it to someone gullible
It could be even her son(s).
It happens
The son(s) have 2 years or so to sue her for their part of their father’s inheritance. Depending on their relationship that is another reason to get things done right - each state is different, look up yours.
As an example, if the house B in their father’s name, the wife gets all or if there are other heirs demanding their share so wife gets 1/2 + another 1/3 of the second half and each son gets 1/6 share of the house B
Last edited by L00k4ward; 02-12-2024 at 01:41 PM..
One clue to actually owns house one and two would be to look at the property tax records. In my State anyone can pull them up by address and see who owns them and if they have paid their property taxes and how much they are. I suspect mom owns both.
Otter could look into that just to have a better handle on the scenario. Otherwise, I believe there are other online services you can pay to get the information.
Putting her head in the sand about Medicaid not having access into the same information is not going to change the outcome for the friend (or who knows if she is just storytelling to Otter for small favors).
From what is described I doubt $48k rent (maybe $24k). Same concept though. If I rent a house from my family and they charge me $0 then I need to pay income taxes for having received the fair market value rent each month I live there. If rent would be $3k per month then I need to report $36k in income (Child 1). So, there's a form you could turn into the IRS to get that kid paying taxes on that (though they may prioritize it based on bigger fish to fry). They see some guy with no ability to pay the tax and 5 dependents it might have a long wait to get looked at when they have gazillions of dollars in fraud. The annual gift exclusion is up to $18k per year now, so , there's that.[/quote]
Property tax records may not be accurate, however, if the husband's will (IF he had one), was never probated. I'll give you an example. My late BIL lived in the same home where he grew up with his parents after a mid-life divorce. The house was paid off. After both parents died he simply continued living there without changing any records. The house was still legally titled in his parents' names but he paid property taxes. He was a severe hoarder and turned the house into a mess. After he died my husband was the only relative left, so he inherited the house; but in order to clean it out and sell it he had to have the property deed transferred from his parents to himself first since it had never been changed. It was a mess (both legally and physically) to deal with.
I love that idea and will suggest it. Or get a reverse mortgage (although I think that takes money up front, which she doesn't have).
I looked up the owners again. Same as it was; nothing has changed. (Both own House A. Husband listed as sole owner of House B.)
I would bet $$ her husband's will, if one exists, never went through probate. That's on your friend.
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