Medicaid Assistance Recovery Program, CO. and TEFRA 1982


My elderly mother and disabled brother are co-owners of our family property. I am also disabled and I live in the home. Both my mother and my brother are currently not eligible for Medicaid because of the home being an asset. They would like to give me the home but are concerned about Medicaid Recovery, should one or both of them need Medicaid and long term care. Under the above laws, can my mother transfer title of her portion the home to me because I am an adult child who is disabled, without fear of Medicaid asset recovery? Additionally, can my brother transfer his portion of the home to me because I am a sibling who has been living in the home for more than 1 year, again without fear of Medicaid asset recovery?

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Posted by Ladygem
Asked on November 30, 2016 1:09 pm
Public question
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This is a question that should be presented to a Medicaid attorney.

I’m confident this type of transfer has occurred without penalty in the past. However, I suspect that if Medicaid were to obtain knowledge of the transfer you would have to defend that this was not a fraudulent transfer.

Good Luck.

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Posted by Don Eby (Questions: 0, Answers: 18)
Answered on November 30, 2016 2:22 pm