My dad passed away. My mom divorced him 40+years ago. But her name remained as joint owner of his property. She has not

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Customer: My dad passed away. My mom divorced him 40+years ago. But her name remained as joint owner of his property. She has not lived there since divorce.
Mom doesn't want her part or money for the property. She has own house and land.
Unfortunately, the house was sold by real estate agent before she could turn her half over to the 4 kids. Closing was Oct 9th and mom was given 50 percent of sell price, and kids split other 50 percent 4 ways.
Checks have been written for proceeds. How can mom give 4 kids the check in her name without it affecting moms medicare or Medicaid. HELP
JA: What state are they in? It matters because laws vary by location.
Customer: Tennessee
JA: What steps have they taken so far?
Customer: My dad passed away. My mom divorced him 40+years ago. But her name remained as joint owner of his property. She has not lived there since divorce.
Mom doesn't want her part or money for the property. She has own house and land.
Unfortunately, the house was sold by real estate agent before she could turn her half over to the 4 kids. Closing was Oct 9th and mom was given 50 percent of sell price, and kids split other 50 percent 4 ways.
Checks have been written for proceeds. How can mom give 4 kids the check in her name without it affecting moms medicare or Medicaid. HELP
JA: The Lawyer will be able to walk you through that. Anything else you want the Lawyer to know before I connect you?
Customer: No
Answered by Barrister in 5 mins 1 year ago
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Barrister
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Barrister
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Customer
Hello?
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Barrister, Expert

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation.

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I do not offer the phone call service no matter what pop ups come up and say.

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If you would like a call, another attorney will provide that service. I only work on the website. and prefer to type my responses so they are in front of you.

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There may be a short delay in my responses as I type out an answer or reply as I am an actual independent practicing attorney, not an employee of JustAnswer.

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Customer
Ok
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Barrister, Expert

Is she in a long term care facility or does she just get medical benefits through medicare and medicaid?

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thanks

Barrister

Customer
She lives at her home and yes medicare and Medicaid. She gets extra help paying for her meds due to low social security amount
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Barrister, Expert

Ok, an inheritance doesn't affect Medicare...so that wouldn't be changed.. And as long as her disabling condition still meets Social Security rules, she can keep Medicare coverage.

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Medicaid is for long term care costs like nursing home care and medical costs... So if she isn't in a nursing home, she isn't getting Medicaid benefits at this time..

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Customer
OK but they gave her a form 1099-s...for taxes. She not file because SS not taxable. Is her proceeds check taxable?
Customer
It would not be inheritance for her right?
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Barrister, Expert

She would have to file taxes and report the money as it is non-employment income.. So she may have to pay some amount of capital gains on the money..

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But no, it isn't inheritance... that is correct.. I misspoke..... it is proceeds from the sale of her interest in the real estate..

Customer
Her monthly premium for SS medical plan is now paid by state. Will this be affected?
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Barrister, Expert

SS is not income or asset based... it is based on the recipient reaching the eligible age for benefits and having contributed enough over the years to qualify for benefits..

Customer
OK thank u
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