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can house be transfered to disabled sister in nj . and not have a medcaid recovery issue in N J

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I live in NJ. If the disabled person has lived with the person, its been their main residence and they are a child if that person, then the person can remain in the home. They may need to prove that they can pay the bills, taxes and upkeep. The house will stay in the original owners name, though. When the original owner passes, then Medicaid will send a recovery letter. It will be sent back saying a disabled child resides in the home. Medicaid may allow them to stay but a lien will be put on the house. If that person passes, or leaves the house it will need to be sold and Medicaid will recover the money they spent on the original owner at time of sale. If there is any money left the beneficiaries will get that. This is how it worked with my Mom.
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Reply to JoAnn29
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Yes, imo totally can happen as after death process. But it’s not simple.

Medicaid Estate Recovery aka MERP has # of exemptions & exclusions. One is if the heir to the house is disabled then they can file for this exemption. Heir will have to have provide documentation to establish they themselves are disabled; documentation that they are the heir; file whatever paperwork needed properly.

Exemption that most hear about is the caregiver exemption which is if heir was the full time caregiver for at least 2 yrs prior to the elder homeowner who was then needing-skilled-nursing-care prior to entering a facility and going onto their States LTC Medicaid program. The caregiving provided enabled the State to not having to pay for those 2 or more years prior for the elder. Caregiver has to provide documentation that it was needed and necessary; that is was full time; and file whatever paperwork needed properly. Just what paperwork will suffice is dependent on your State.

As far as I’m aware, the exemptions are done as an after death process thru whatever system your State has devised for MERP. Remember each State runs its Medicaid programs uniquely but within overall Federal guidelines. Some States have MERP done by Medicaid staff, some States have it turned over to outside contractors, which approach the process similar to that of debt collectors. MERP will send out a NOI / Notice of Intent after Medicaid recipients dies. If there are exemptions/ exclusions / Life Estate / Testamentary Trust / Lady Bird Deed / surviving spouse, etc. whatever, the heirs or future Executor will have to do something to notify MERP that exemptions are being sought. If probate is being opened, ditto. It’s going to require whomever State has as contact for the elder (usually former POA) &/or future Executor or attorney to do whatever correspondence & filings in a timely manner. Isn’t going to happen automatically.

HOWEVER this isn’t -imho- the biggest challenge to successfully keeping the elders home. Remember it’s “estate recovery” so it’s an after death process. This is important as someone other than the elder in a NH on LTC Medicaid will have to pay all costs (utilities, insurance, maintenance, taxes, repairs, etc.) of that home for possibly years and years. Elder on LTC Medicaid has a required Share of Cost of almost all their mo income - like their SS - as a copay to the NH. All they get to keep is a small - avg $50-$75- personal needs allowance which cannot be used for any house costs. Long Story Short…. Elder has zero $ for that house once on LTC Medicaid.

Should house still have a regular mortgage (!horrors!) could be a serious amount of $ every month that has to be paid. Plus property insurance(s) has to be in place if there is a mortgage. Property taxes absolutely have to be paid. It could be that prop taxes increase as the elder is considered to have fully moved out so their homestead exemption is yanked.

Often it’s challenging for family to have financial resources to support retaining that house. Elder could live another 4 months or 4 years. Plus will take time after their death to suss out all the legal to finally get that house title transfer done and recorded. Please pls review costs for that house….. is this 100&1% sustainable by others??? Sustainable for years??? Someone has to absolutely have the wallet, time & sense of humor to deal with the house and be ok on risk. To me, it’s like having a 2nd home but is one you do not yet own, so there’s risk that things may not work out.

Most of us cannot afford a 2nd home. Most of us avoid risk. But if you good with risk & $, go for it!
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Reply to igloo572
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Unlikely since it will be considered a gift. Not only will the sister owe taxes on the gift, but it will be picked up by Medicaid in the financial lookback. Talk to an estate attorney asap to understand options and avoid making any major mistakes.

Also, real estate taxes are high in NJ. Would your sister be about to afford all of the expenses and maintenance of owning a home on her own?

More details on their situation would be helpful to get better feedback.
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Reply to ShirleyDot
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Does your disabled sister already live in the house with your mother? What is the degree of her disability? Giving the house might be permitted but you'll need to see a lawyer who specializes in this to make sure the circumstances are correct and that it's done correctly.
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Reply to MG8522
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Medicaid rules vary by state and this is why you need guidance from a certified elder law attorney and/or a Medicaid Planner for your sister's home state.

In many states the financial application's "look back" period is 5 years. They can even go back farther if they have cause to look.
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Reply to Geaton777
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lealonnie1 20 hours ago
In New Jersey, the Medicaid look-back period for seniors applying for long-term care (such as nursing homes or home and community-based services) is 60 months (5 years). Medicaid reviews all financial transactions during this time, and any assets gifted or sold for less than fair market value can result in a penalty period of ineligibility.


How the Look-Back Period Works

Calculation: The look-back date is calculated directly backward from the exact date you submit your Medicaid application.

Asset Limits (2026): To qualify, a single applicant's countable assets must be at or below $2,000. For married couples where only one spouse is applying, the non-applicant spouse is allowed a maximum asset allowance (CSRA) of $162,660.

Penalty Period: If uncompensated transfers (gifts or selling assets below value) are discovered within the 5-year window, New Jersey imposes a penalty period. The state divides the total value of the improperly transferred assets by the state's average daily penalty divisor to determine how many days you will be ineligible for Medicaid coverage.

Penalty Divisor (2026): Effective April 1, 2026, New Jersey's daily penalty divisor is $420.69 (roughly $12,795 per month).
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