StarSong
Awkward is my Superpower
- Location
- Los Angeles Suburbs
@Tom Young, I read your link. For those who haven't, it's a stark reminder that equity in one's primary residence is an excludable asset from consideration when filing for gov't assistance (Medicaid type) with nursing home bills.Please be careful. and don't sell yet... I'll try to find one of my posts on the subject.
Okay... back.... here's a link to one of my blogs that may help explain what could happen....
On keeping the house....
Please take the time to understand what could happen.
First example is a couple who sold their residence for $280K, then downsized to a $35K mobile home, intending the difference to serve as their nest egg.
Three years later the wife's worsening Alzheimer's required nursing home care at $65K per year. They had virtually no liquid assets other than the $245K in equity, which was eaten up by five years of nursing home care. The husband was permitted to shield his car, $40K in cash, and non-cash life insurance, but all else was spent on wife's care. Husband now survives on SS.
Next example is another wife who developed Alz. Children were lawyers but not elder law specialists and didn't refer father to those specialists. Foolish father followed foolish children's very poor advice and tried to cheat the government (that's you and me, folks) from requiring this couple to put all their assets on the table.
Father gifted their children some $200K, didn't admit it when filing paperwork for gov't assistance, got caught when NY did the 5 year asset lookback, was prosecuted and convicted. It cost those same kids $150K in legal fees to keep father out of jail. No mention of whether the kids had to cough back up at least part of these "gifts." Mother died after five years in nursing care, father died at 78, the stress of above hastening his passing.
My first question: What he heck kind of crappy lawyers were these? My attorney friends and relatives begin all casual advice with "I'm not a specialist in this field, but will tell you my recollections from one semester that partly covered it. Please do not take my word as gospel. I'm going to refer you to someone who knows the area well."
Comment: Lookback periods vary from state to state. California's is currently 3 years.
Tom, I agree fully with you that an elder care attorney's advice is crucial when navigating such tricky waters. Your point is well made that it's not necessarily a brilliant move to cash out home equity. Large bank balances may help one sleep at night, but they are also easily attached, stolen, scammed, or otherwise lost.
I will further state that example number two is precisely why there is a lookback period. How dare that father and his kids conspire against the rest of us to shield his & his wife's attachable assets while spending ours?