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Anyway, what you can do is try and get that $13,000 back and undo your penalty. If by chance you also have Medicare, you're better off to try and get private long-term insurance. I've been suspecting Medicare is broke or there wouldn't be other insurance companies to pick up for what they don't cover. Having another insurance company to pick up for what they don't cover makes them look bad in my opinion, and I mean real bad. I don't think Medicare should even exist if they're not going to cover nothing
I believe, but I'm not American and don't quote me, that her primary residence is exempt from Medicaid's assessment BUT on your grand*mother*'s passing Medicaid will have a claim on it. If your grandmother is still living there she won't be forced to sell it just because title has passed from your grandfather to her, which I hope will be a relief to her? If she isn't living there then I'm not sure what happens, but I believe Medicaid will put a lien on the property so she mustn't try to sell it and give the money away, for example.
I hope better-informed forum members will be along in a little while to help you! Or, of course, you could always call Medicaid and ask their advice.
If already done, consult a lawyer. If she received an inheritance she is supposed to use for her care not give away
The five year look back assets theft (theft is what it is in any rational understanding) should be illegal. It's no different than if a bank would say "anything you've sold, gained or earned within 5 years prior to your loan is subject to our ability to come after if you default. Banks are not allowed to do that because it is viewed as theft, banks are forced thru regulation to use current present assets and income as guarantee of loan... meaning, the government is a thief.
When you look at a persons earned income and the government has already taken large portions of that through social security, taxes, etc for approximately 50 years of any individuals earning life.(meaning the individual has paid thru the nose for any benefits they may receive from Medicaid) .. so, for the government to turn around and demand a persons past 5 year (or any length of time) assets as being theirs to access and use at their discretion (for allowing an individual to take advantage of assistance the individual has already paid for over 50 years), because the government views 5 years prior financial and estate value as theirs to use as payback assets to grab from, that folks is legalized theft. And there is no rationale argument to the opposing that would hold in any honest court of law. The government would be found guilty of theft.
The government has created itself to be the "God and director" of every individuals financial earning life. The government only views human life as it's ability to be earn-able sources of income, meaning the population is only Valued as dollars. The government is directing and creating law to control every individuals value of income from birth to death, and have been stealing from every single individuals earned income since that individual has been earning. So after 50 plus years (average) of stealing from each individuals earned and other income, it now goes further and forces (the 5 year look back) ... the individual now at end earning cycle of life regarding age in years (usually by age 70 properties are the last value and are beginning to be inherited and passed on thru lineage etc) ... The government now secures itself-to even those assets of the individual by forcing the pay back of the very money the governments already been stealing from the individual it's entire life.. the government is one of the largest most dangerous thiefs ever created.
Also: https://www.eldercaredirectory.org/medicaid-estate-recovery.htm
As for repaying gifting prior to the five year look back law, read this. https://www.payingforseniorcare.com/medicaid/look-back-period.html
Medicaid"