[WSBAPT] Medicaid: Selling and Buying a Home

[Robin Swanson]

Hi Listmates,

A client's daughter receives SSI and lives in the Medicaid-exempt home her
parents purchased for her. The home is no longer suitable for her and she
wants to sell and buy another one.

I've read from the WAC 182-512-0350(1)(b), (2) that the home is excluded as
a resource when it is used as the daughter's primary residence. If the home
is sold, the proceeds remain excluded only if they are used to purchase
another home by the end of the third month after the funds are received.

Can someone please confirm this rule; and can funds temporarily be placed
in the recipient's name in a bank account during the replacement period,
provided those funds are used to purchase another qualifying home within
three full calendar months of receiving the funds from the sale of the
first home?

Please advise how this might look in real life. Have another home picked
out to immediately buy, etc, so the funds from the first home are not left
in the recipient's name longer than allowed, etc. Any practical advice
and/or warnings are appreciated. Limitations?

The recipient does not  currently have a first party, d(4)(A) SNT. Would it
be advisable to draft one just in case, or not? Of course the goal is to
avoid counting assets as countable resources under Medicaid..

Thank you,

-- 

Robin Swanson

Secure Legal Legacy, PLLC

Attorney at Law


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