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1. mom has died with a will leaving all assets to her 3 kids
2. mom had a home than now is an asset of her Estate;
3. Probate is opened or abt to be and the house is 2 b sold, with proceeds from Act of Sale to be shared equally by her 3 kids once all other issues / claims are settled.
4. there is NO Long Term Care Medicaid Recovery for moms estate
5. Your concerns / problem is 1 of the 3 kids is on a SSA program - maybe SSI or SSDI - so any $ increase in their resources can pose issues for it and it’s Medicaid as health insurance eligibility for just this 1 heir.
6. Any change is resources has to reported. So something has to happen sometime soon.
Is this the situation? If so, you and this heir need to get an attorney who does special needs trusts or other Disability Rights type of work to see IF the Executor can wait on the distribution of assets to this heir till after something - a Special Needs Trust or an Able Account or maybe something else - is established for this heirs distribution of $ from the Estate is to go into. An Executor can wait to do the distribution to heirs if they choose to. Executor may not even be close to this point in time for Estate distribution. Most States do not have a “must be completed by” timeframe for closing out probate. For opening probate yeah, but closing not really. But this is State specific & attorney advised by stuff.
What my not-an-attorney suggestions are dependent on the amount of $ that will be their 1/3 and just why this person is on SSI or SSDI and what would be best path depending on $ & timeframe. As probate will be involved, imo all this must be attorney work to shepherd whatever done and coordinate with the Executor. If it’s not a lot of $, like under 50k, an ABLE account done over couple of years could work. ((The rules for ABLE are changing to go from age 26 of the reason why they qualify to age 46 in 2026 for opening an ABLE account.)) If they can get an Able opened, then immediately 18K goes into in, and 18K every year after. If I was an Executor, I’d do this for an “at need” heir as it’s really not a big bother to add a yr or so onto probate as I could do a partial distribution to the other heirs as they probably have their hands out waiting on that house $$.
Now if it’s a lot of $$$ that will be their 1/3, that’s attorney work to see if doing a Special Needs Trust can be set up. Again the attorney is going to end up coordinating this with the Executor.
$ in an Able account does not count as a resource for Medicaid, SNAP, SSI, HUD housing programs. It’s really life changing for those who can get one opened. 100K maximum except for CA which allows for their States ABLE account to have a max of a whopping 475K!
or is your issues on Medicaid something entirely different from the insight JoAnn, Alva & I posted about?
1. Who is on Medicaid
2. Who are the siblings and who is their parent?
3. Who has designated the siblings are to inherit a house?
For want of understanding I am assuming that there is a parent And I am assuming that parent owns a home. You say there are siblings. So I am assuming there are at least two children (or more) who will according to a will inherit mom's home when she dies.
But NOW Mom needs to go on Medicaid because she requires care (and qualifies for it) and she hasn't enough funds to pay for that care.
I am assuming that you are a sibling and that the siblings want to know
"WHAT ABOUT MOM'S HOME? WILL WE STILL INHERIT IT"?
Your mother's home is protected and exempt along with one car while she is living.
However, when she dies Medicare will look at her assets (that home and car). They will then send the heirs notice that your mother's estate will owe _______amount of dollars when that home and car are sold. This is recovery of taxpayer expense to the extent a state can manage it; some call it "clawback".
I am hoping that I got your question right (and assuming a lot). If my answer is all wrong because I don't understand your question, I can maybe do better if you rephrase. Otherwise I wish you good luck ongoing.
If Mom needs Medicaid now, there is no saving of the house. There is a 5 yr look back and no assets can be "saved" from Medicaid. Yes the house will be an exempt asset while she is alive but she will not be able to keep it up because her SS and pension will be needed to offset the cost of her care. So unless someone is willing to pay the bills, the house will need to be sold. If sold, the house needs to be sold at Market value and proceeds go for Moms care.
If the house does not sell till after her death, the person who is down as her contact will receive a recovery letter asking what assets she may have. The house is now an asset. A lien for what Medicaid put out will be placed on the house and will need to be sold to satisfy that lien. Unless...
Someone is willing to pay the lien to keep the house.
There is a Spouse living in it now and when Mom applied for Medicaid.
A disabled child who lived in it before the Medicaid application and still remains there. May need to prove they can keep up the house.
A family member who lived in the house as a Caregiver for at least two years prior to Mom going on Medicaid. Again, may need to prove they can keep it up.
With the last 3 examples, if these people leave, sell or die, the house will then need to be sold to satisfy the lien. Wills are for "just in case". It doesn't mean when we die there will be anything to inherit. Any assets we have should go towards our care. In my Moms situation, the house did not sell till after her death. There was a tax lien and Medicaid lien. By the time the liens were satisfied and some out of pocket expenses, we children got 10k to split between us.