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They may qualify for Medicaid despite owning modest or even substantial assets, most notably equity in a home, which is protected as long as it serves as the principal residence of the recipient or certain close relatives.
However, when this is no longer the case, Medicaid rules clearly envision using that equity to pay for long-term care -- whether prospectively by counting a former home as an available asset and denying Medicaid eligibility on that basis, or retrospectively by recouping Medicaid spending on behalf of a recipient at some time in the future.
Liens in themselves do not force recipients to sell their property. Considerable state-to-state variation in how liens are applied and how they fit within the broader context of the Medicaid estate recovery mandate has led to widespread misunderstanding and distrust. Other factors contributing to this negative view are: conflicting opinions about the legitimacy of Medicaid liens and their potential to offset future Medicaid budget cuts; anecdotal evidence of insensitive application of Medicaid liens and recoveries in some cases; concern that the threat of liens may discourage people from seeking the Medicaid help they genuinely need; and the absence of comprehensive, consistent data about how Medicaid liens really work.
Medicaid liens on real property of deceased recipients have been permitted since the beginning of the Medicaid program. They have also been authorized in limited circumstances on real property of living recipients since The objective was to recover taxpayer dollars invested in Medicaid by requiring more people to use private resources to defray the cost of their own long-term care. Before it became a mandate, Medicaid estate recovery could be pursued at state option. The key features of the estate recovery mandate are shown below:.
There are wide variations in the ways in which states implement estate recovery, depending upon their Medicaid program and state laws.
However, Federal law requires all states to incorporate the following protections for Medicaid recipients into the design of their estate recovery program:. Recipient protections in Medicaid estate recovery 6. Liens and recoveries may apply to any kind of property, but are most controversial when applied against the home of a Medicaid recipient.
The family home is the most significant asset a person can own and still qualify for Medicaid, and one that is prized by recipients and their families for intrinsic reasons unrelated to fair market value. It is often the only asset of value remaining in the estate of a deceased Medicaid recipient.
The right to collect a lien and procedures for enforcing that right are established under state property laws, which prescribe circumstances under which creditors have the right to file a claim against any kind of property. It is secured in a manner that is roughly similar in all states and is analogous to the security interest of a mortgage holder. Title to the real property is thus encumbered and cannot be transferred without notifying the lien holder, who is then given an opportunity to file a claim.
Creditors do not exercise or enforce their right to collect until they actually file a claim for payment of money owed. Estate recovery law in some states e.
Since passage of the Tax Equity and Fiscal Responsibility Act TEFRA , states have had the option to use liens to prevent Medicaid long-term care recipients from giving away assets -- specifically a home in which they no longer reside -- before they are used to offset long-term care expenses paid by Medicaid on their behalf. TEFRA liens are the only type of lien that may be placed prior to the death of a Medicaid recipient whose benefits have been correctly paid.
They only apply to permanently institutionalized individuals. While estate recovery does not begin until the Medicaid recipient dies, a TEFRA lien may be placed against the real property of a recipient of any age who is an inpatient of a nursing facility, intermediate care facility for the mentally retarded, or other medical institution, if it has been determined that he or she cannot reasonably be expected to return home.
States must afford the individual an opportunity for a hearing on that finding and are required to dissolve a TEFRA lien if the Medicaid recipient returns home.
Restrictions on the placement of TEFRA liens -- all aimed at protecting homes against Medicaid claims when they are needed by Medicaid recipients or certain close family members -- are shown below. In effect, the imposition of a TEFRA lien presumes that any attempt to transfer property signals that the house is no longer the actual residence of the still living recipient. Its equity value is therefore considered to be available. However, if Medicaid recipients who own property choose to transfer their house to someone else whether by sale, gift, or other means , the State can oblige them to use that equity value to repay past Medicaid spending for long-term nursing home care and other services.
Its priority relative to the claims of others, such as mortgage lien holders, is established in state law. The Medicaid recipient receives whatever amount, if any, is left of the sale proceeds.
While a TEFRA lien does not force the long-term care recipient to sell the home, circumstances of individual cases can produce the same result. If the home owner dies with a TEFRA lien still on the property, Medicaid recovery occurs as part of the estate settlement process. Federal guidelines allow states broad flexibility in the design of their Medicaid estate recovery programs. At a minimum, they direct states to pursue recovery of assets conveyed through probate -- a legal process governed by state law and enforced through the probate court that settles wills or conveys property in the absence of a will.
States may file post-death liens against the real and personal property of persons who were permanently institutionalized and those who received Medicaid services after age 55, whether or not they were institutionalized. Post-death liens are often a part of the probate process.
The laws of some states e. The implicit assumption is that each state will incorporate its rules and procedures for administering Medicaid estate recovery into the broader context of state laws regarding probate, trusts, contracts, and other provisions governing the rights of survivors and creditors.
The wide state-to-state variability in these matters results from the diverse ways in which individual state property laws have evolved and the allocation of responsibilities among various state government entities. Some states place liens on homes occupied by survivors of deceased Medicaid beneficiaries. While the State may not collect on these liens until a later date, placing the lien helps to ensure eventual repayment.
Prohibitions on estate recoveries are shown below:. In these instances, the designated survivor s can inherit the home and other assets to use as they wish. Some states waive recovery altogether, while others reserve the right to recover at a later time -- e.
There are more conflicting opinions than hard data on how estate-related liens affect surviving spouses or minor children of Medicaid recipients. For example, what if a spouse wants to sell the home and move to another?
While he or she is entitled to sell the house, thus overriding any Medicaid claim against it, confusion regarding specific state laws, poor communication between state agencies and the public, and inadequate procedural safeguards cause conflict and hard feelings, the extent of which has not been systematically documented.
Need more information? Subscribe to Elder Law Updates. In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
Special rules apply for the home and other assets. Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished. Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children. There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home. Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits. Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes. Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship. We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.
Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage. We explain the five phases of retirement planning, the difference between a k and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more. Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.
Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI. Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.
Find local attorneys. What Transfers Are Exempt? Even after entering a nursing home, you may transfer any asset to the following individuals without having to wait out a period of Medicaid ineligibility: your spouse a trust for the sole benefit of your child who is blind or permanently disabled a trust for the sole benefit of anyone under age 65 who is permanently disabled In addition, special exceptions apply to the transfer of a home.
The Medicaid applicant's home may be transferred to the individuals above, and the applicant also may freely transfer his or her home to the following individuals without incurring a transfer penalty: A child who is under age 21 A child who is blind or disabled the house does not have to be in a trust A sibling who has lived in the home during the year preceding the applicant's institutionalization and who already holds an equity interest in the home A "caretaker child," who is defined as a child of the applicant who lived in the house for at least two years prior to the applicant's institutionalization and who during that period provided care that allowed the applicant to avoid a nursing home stay.
Read more. X Need more information? How often would you like to receive Updates? Once a week More than once a week. Cancel Subscribe. Related Articles and Subscriptions. Medicaid What Medicaid Covers In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility.
Transferring a vehicle title in Ohio is a mandatory step on each occasion the vehicle ownership is passed between two legal entities, regardless of the nature of the ownership transfer. Therefore, in addition to completing a car title transfer after selling or purchasing a motor vehicle, auto owners will also be required to initiate the OH title transfer for vehicles in several unique situations.
For instance, you will also have to meet the corresponding car title transfer requirements if you receive a vehicle as a gift, donation or inheritance. Note: Failure to transfer your car title within a certain number of days of accepting ownership of the vehicle will result in a late titling fee. It may also make it difficult or impossible for you to register your vehicle in a timely manner.
When completing title transfers for cars in Ohio, applicants will have to meet several requirements, such as submitting certain paperwork and paying the applicable titling fees. However, the title transfer requirements may vary depending on the circumstances surrounding the passing of vehicle ownership. For example, the following documentation criteria apply when transferring a vehicle title in OH after selling or purchasing a used motor vehicle:.
Note: If the seller is unable to produce the title certificate, he or she will be required to apply for a duplicate car title in order to transfer the vehicle to a new owner. If you are completing the OH car title transfer under different circumstances, you may be required to submit additional documentation.
For instance, if you have to finalize the transfer of car title for an inherited vehicle, you will also require the death certificate of the original owner. Vehicle owners can finalize the Ohio title transfer for cars by submitting the fee payments and documents that apply to their situation through a local BMV office since they cannot request a vehicle title transfer online in the state. In order to avoid any delays in the auto title transfer process, motorists must ensure they meet the OH title transfer requirements prior to making their office visit.
The bureau processes requests for a transfer of a car title as soon as it verifies the submitted documentation and cost payments. Once the new vehicle owner receives the title certificate, he or she can complete the car registration procedure and obtain new license plates. Vehicle owners who are applying for a car title in Ohio should know the difference between getting a new title and transferring an existing one.
However, when purchasing a new vehicle from a dealership, the dealer performs the application procedure for a new car title through the OH BMV. Additionally, new residents in Ohio will also need to order a new car title upon their move from another state.
By law, your dealer is required to provide you with your new title within 30 days of your vehicle purchase. When you buy a used car from an individual, it is your responsibility to complete a vehicle title transfer within 30 days of the purchase. Submit the following to your county title office :. NOTE : Used car dealers will typically handle the titling process for you. However, if they do not, submit all listed items above in addition to a bill of sale from the dealer.
If it was a casual sale, the purchase price must be listed on the title in lieu of a bill of sale. When you sell a car , it is the buyer's responsibility to complete the Ohio BMV title transfer. As the seller, however, you must complete the title assignment on your current title certificate and give it to the new owner. To assign the title:. The process for transferring a vehicle title of an inherited car differs depending on how the estate is distributed. You will need the following:.
If the estate is subject to probate , vehicle ownership will be established by the court. Contact your local OH title office for specific instructions on titling the vehicle. As a surviving named joint owner on a vehicle title, you can complete and sign the title assignment and provide a copy of the death certificate if you wish to transfer the title to a new owner.
An odometer statement does not need to be provided for cars that are being transferred to a surviving spouse or through inheritance. After you have fully paid your car loan , your lender will release the lien hold on your OH vehicle title. You should expect your lender to send you the title certificate with a stamp from a clerk of courts indicating that the lien has been released.
You are also required to pay sales tax on your vehicle before you can have it titled. Contact your county clerk for more information. To add a name on a title, simply complete the title assignment as the seller and complete the buyer section with your name plus the name of the person you want to add.
Make sure you have the title certificate notarized before bringing it into your county title office. To remove a name from your title, you and the other named owner must complete the title assignment as the seller with notarized signatures , and complete the buyer section with the information of the remaining owner.
Visit your local county title office to complete the process. If your Ohio car title certificate is lost, stolen, or damaged, you can get a replacement by going to your local county title office with:. Complete a title application.
On-staff attorneys are available. Sign up for our Email Newsletter. Transfer Title Agency offers a variety of title insurance products and handles all types residential and commercial escrow closings including sales, refinances, construction loans, and improvement loans. TTA is committed to helping Realtors by providing them with online access to check transaction status and closings. TTA also has a variety of other services to give Realtors a competitive edge in their business.
Located just 30 minutes from downtown Cleveland, 20 minutes to Akron and centrally located within 10 minutes of virtually every major artery in Ohio, Transfer Title is conveniently located in Medina, Ohio. Remote closings are also available. We will come to you at your home or business if you wish.
Please ask your escrow officer for more information regarding this service. Monday thru Friday a. Remote notary service available for after-hours meetings. Skip to content. City of Medina New slide. Conveying Dreams. City of Medina - copy. Service with a hometown feel. The CoPilot car shopping app is the smartest way to buy a car. Get a curated list of the best cars for sale in your area, as well as notifications if a similar vehicle is listed nearby at a lower price.
CoPilot is the smartest way to shop for used cars. Remember to have both parties complete and sign this section before a notary or deputy clerk. Please do not sign the title until the buyer fills in their full legal name and current address. Next, give the title to the buyer to complete the steps required to finalize the transfer more on this later. First, once the title is in your hands, make sure not to alter it in any way. Once this transpires, the title is null and void, and a replacement title is needed.
As previously stated, before the title is in your hands, make sure a notary or deputy clerk is present when you fill in any information or sign the document. If the title has two names, the State of Ohio requires both signatures to complete the transfer.
This is an essential step when determining how to transfer a car title in Ohio. After purchasing a vehicle registered out of state from a private party, the seller must sign the title over to you and have it notarized after the sale. All out-of-state vehicles transferred to an Ohio title must pass an inspection by a new car dealer in Ohio authorized to do so.
It would be best if you also had the VIN verified. You can complete the VIN inspection by taking the vehicle to any Ohio deputy registrar license agency. You have 30 days until the inspection form expires.
You must bring this form and the out-of-state title to the title bureau as soon as possible to beat the expiration date. CoPilot Compare is the search engine for nearly-new cars.
When donating a vehicle in Ohio, the first thing you need to do to transfer the title is to discharge your car ownership by signing line 1 of section 3 on the back of the title. Next, you want to release yourself from any future liability with the vehicle. Take this form, your plates, and the bill of sale to the Bureau of Motor Vehicles office. You can also mail these. Continuing down our checklist of how to transfer a car title in Ohio is gifting or inheriting a car.
When transferring a title after gifting a vehicle, follow the same steps as a seller. If you are inheriting, the process is different. In all cases of car inheritance, you must present a death certificate.
There is a limit of two cars that a spouse can inherit from the deceased. In the case of a probated will, the court decides who owns the vehicle s.
If the vehicle was jointly owned and the surviving spouse is on the title, they can complete the transfer themselves though they are still required to deliver a death certificate to the title office.
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The best practice is always to call ahead or visit the Ohio Bureau of Motor Vehicles website to see if any of the steps in transferring a car title in Ohio have changed.
Note: During the COVID pandemic, for the most up-to-date information, please call or visit the websites of any physical location you plan to visit while completing any of the steps required to transfer a vehicle title.
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