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That inaccuracy also extends to others in professions. I was told a few times by bank reps who should have known better that certain things couldn't be done with a trust. However, having worked in that field as well as personally knowing our attorney who handled the matters, I knew these reps were wrong. Once a bank rep (not our bank) refused to cash or deposit a check b/c she so completely misunderstood the intricacies of trust accounts.
Sometimes people think they know, sometimes try to be helpful, but in reality they may be confused about specific issues.
I'd check with Ohio Medicaid reps; they should be able to give you a correct answer.
Mom is now a resident of Ohio and if she & you owned the home in Toledo, well, it would be ok for her keeping the home. Although you or other family would need to pay her share of the required on the property - like taxes, insurance. The home would be her Ohio homestead property and so an exempt asset by the state of Ohio Medicaid rules.
But the property is in another state and so is NOT her homestead and so becomes a non-exempt asset. Either it will need to be placed up for sale & sold with moms share used for spend down to become eligible for Ohio. OR you could get a conservative appraisal and you buy moms share based on the appraisal which she uses as her spend down for Ohio Medicaid. If you can swing this, it might be the best situation.
If mom was in a NH up in Taos, and the house was in Truth or Consequences, it would be an exempt asset and your brother could continue to live there and probably get the property without any MERP claim or lein as he is a disabled & low income heir for the state of NM medicaid program for moms share of the property after her death. Short of mom moving back to NM, her share of the house has to be sold to become eligible for another states medicaid program.
The fact that Ohio is even allowing a year++ is a pretty good deal. After hurricane Katrina, the entire NH my MIL was in moved en masse to TX. TX Medicaid took them all onto their program. But about 6 -8 mos later, all those who still had a home back in LA either had to private pay to stay in TX at the NH or move back to LA & Louisiana medicaid if they wanted to keep the house. The house became a non exempt asset as far as TX Medicaid was concerned.
As for Medicaid, they want payment for the care of your mother, yes they will put a lien on your Mom's half of the house if her name and your name are the only ones on the Deed. It all depends on the State what are their rules and regulations. Each State is different.
Did your brother take care of your Mom while she was still living in the house, prior to her going into a nursing home? If yes, relay that to the State Medicaid office, as there could be an exemption if your brother took care of Mom for a certain amount of time, thus keeping her out of a Medicaid paid nursing facility.
This is the quote from a nursing home rep
"When Medicaid is approved, you can still own a house. The house needs to be listed with a realtor within 13 months of Medicaid approval. However; there are no provisions for maintaining the house. This includes utilities or upkeep. Nancy, also, cannot provide monetary assistance to her son."
That makes no sense to me, if you can own the house, why would it need to be listed? What if she gets better and wants to go home? Thanks
Here is a link to Ohio law, looks like I will have to sell, unless we can keep the brother there. If he is forced to move, he may end up in subsidized housing too, makes no sense to me.
https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-697.aspx