As an Elder Law Attorney I am asked this question often.? Will the State take my house? People have heard that the State has taken a neighbor or friend?s house because they were in a Nursing Home.? I know this does happen; keeping the State from taking your home is easy if you talk to an Elder Law Attorney.? Martha Patterson is an Elder Law Attorney in Los Angeles and Orange County and she helps families protect their home from the State.
The Home is except (it does not count) when someone applies for Medi-Cal, yet the asset is available as an asset when the State ?recovers? what they paid.? The State of California like any other creditor must first go to court and obtain a Judgment before they can take your assets.? If a home is not protected before the person who used Medi-Cal passes the State can and will recover what it spent on care from the home. Claims of $250,000 or more are not uncommon.
It makes me sad when a family comes to me after their loved one dies with a letter from the State of California requesting payment of a claim, for at that point it is too late for me to help.? It makes me even sadder when the family was helped by someone who knows how to process a Medi-Cal application, but who is NOT an attorney, so cannot help the person protect their assets.? At least one of these services charges $2,500 to prepare an application, plus they want fees for ?care coordination?.? Sadly there are many attorneys who do not know how to protect the home from recovery.
If someone you know wants to protect their home from the State taking it, give me a call (866)452-9657 I can help you whether you live in the San Fernando Valley or Orange County.
For a Free E-Course: ?www.LearnMedi-Cal.com
Source: http://marthapatterson.com/blog/?p=29
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