I Talked My Mom Out Of Going Into Assisted Living.

[Bandersnatch]

6 hours ago, LadyKay said:

So at this point I am unsure what legal advice I would need to be seeking and for what reason. 

I am glad that you are now open to getting new ideas..

According to the current law regarding medicare/medicade (not the same things) there is a 5 year exclusion period that if your mom should need one of them, the state can take her house for payment of final expenses. If she does something like a "quick deed" and gives her home to you, or your brothers jointly  or separately, she can avoid the state taking over her residence when she does go to live in a nursing home. 

I was talking to a lawyer this morning about this thing. My wife is in a skilled nursing home. She will never be able to live with me as we once were.  and I have ALS. My death will come  when I can no longer breathe on a ventilator. Therefore I need to find a way to avoid paying taxes in this state, and let my son and his children benefit from this real estate..

Of course if you are wealthy and a socialist, then you may wish to pay all the taxes  that the government wants you to pay (roll eyes) you are free to do that, and not worry about future consequences of poor financial management. But if your mom believes in the stewardship of her assets, it is always good to look at options. For sure, doing that can save money. Indeed, there is a cost to hiring a legal professional, but the cost of NOT hiring an attorney will be greater, and emotionally draining; it can take a toll on the survivors.

Make sense?

[JohnR7]

On 10/2/2020 at 10:51 AM, LadyKay said:

Well no we don't. As we are not going through with this.  So as of now I see no need for any legal advice. 

It really sounds like she is trying to get a commitment out of you to help her through the winter. My wife works in assisted living and they do not even let them out of their room long enough to go to eat in the Cafeteria. They do not get much help. Sometimes my wife has to work alone and take care of 30 patients. She makes a lot of promises but she often does not deliver on what she says she will do for people. 

Best would be to make a few adjustments to try to get though one more winter. Then the next winter you can evaluate the situation and consider assisted living at that time. Use to be you could hire people from care dot com to help around the house. With the virus people do not seem to want to work anymore. Last time I was there I did not really find anyone and I use to get really good people there that worked for very little money.