Option for elderly duplex owner in state nursing home/ rehab, Medicare

Option for elderly duplex owner in state nursing home/ rehab, Medicare

Kristopher K.Pro Member
Investor · Walpole, MA · Member since 2011 · 136 posts · 20 votes

Hi All,

Have a friend who’s mom had a stroke and has been in care for the last appx 2 years. She has a duplex, one unit was owner occupied until her stroke; other had been rented until the same timeframe. Both units are vacant now and issues are starting to develop from being vacant. This is also my friend’s childhood home. My friend lives in a different state and has been trying to hold onto the property. It would be a great starting point for their kids in the future if they can keep it.

 They’ve been told the unit that was owner occupied can have a “caretaker”, other unit needs to be vacant. I’m under the impression this is because if there is any rental income, it will go right to her care, not sure if she would lose the Medicare benefits. I don’t think any of it is allowed to go back into the property. The caretaker would be required to assume paying taxes and insurance plus upkeep.

Both units need a fair amount of work prior to being rentable now that it’s been vacant so long. Biggest expense I think would be furnaces. 

Selling would basically mean they lose all benefit of the property and maybe ultimately that’s what will happen.

Just looking for ideas for them to explore. They have legal counsel already so I know they have had some guidance already which is why it’s empty.

Thanks, appreciate any thoughts.

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    1y

    I have to ask this, do they have the right attorney?

    I have a special needs son so have worked through issues like this; he can't show any income either.  This is a highly specialized area of law.  You also need an attorney that understands real estate practices. 

    I have to believe there is a way to bring this property back to life without impacting mom's care. It may involve creating a trust or moving the deed into an entity.  There is a high probability of a solution, but you need the right team to make it happen.

  • Kristopher K.Pro Member
    OP
    Investor · Walpole, MA · Member since 2011 · 136 posts · 20 votes
    1y

    Hi @Greg Scott,

    I’ve been questioning that too, I know they’re in a tough financial spot right now so it’s entirely possible they don’t. I’ll definitely raise the question with them.

    Thanks for the response.

  • Member since 2024 · 110 posts · 58 votes
    1y

    Is she under Medicare, or Medicaid? The rules for each are different, and the allowable assets under Medicaid can vary by state. If she's currently on Medicare but is trying to qualify for Medicaid, in some states the home can be kept if there's an intention to return (thus the allowable "caretaker"), but it will be subject to asset recovery upon their death, making it hard for the family to keep the home. 

    (Note, I'm not a tax professional or attorney, but have done a lot of research into this area as it is relevant to my personal situation with family members. You can read this article to see more about asset recovery after death: https://apnews.com/article/medicaid-estate-recovery-nursing-...)

  • Kristopher K.Pro Member
    OP
    Investor · Walpole, MA · Member since 2011 · 136 posts · 20 votes
    1y

    Hi @Dina Schmid,

    Thanks for the article, that’s pretty aggravating.

    I don’t know which plan she is under but I’ll check. Apparently she’s made some recovery progress to the point that returning home would have been an option. I don’t know if they have the funds to get her unit in condition for her, but that was mentioned last time I spoke with them.

    Thanks for the reply, sorry you have had to do this research for yourself.

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