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Describe and clarify rules on how a life estate affects Medicaid eligibility.
Effective March 2, 2018
This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.
A life estate is an ownership interest in real property where the life estate owner (“life tenant”) has the right to possess the property during their lifetime. Upon the passing of the life tenant, the life estate reverts to an original owner (or somebody else) and the life estate ceases to exist. While the life estate exists, the “rest” of the property is called the remainder. The remainder is what is left of the entirety of property rights that are burdened by the life estate.
The parties and rights to a life estate can get complicated, but most life estates are set up in the following way:
Because a life estate is an interest in real property, it is a resource for the purposes of Medicaid, and has a value based on the fair market value (FMV) of the underlying property and the age of the life tenant. The total FMV of the property is made of the life estate plus the remainder.
A life estate can be a home as described under WAC 182-512-0350 (1)(b). This means the life estate can be excluded as the home, but is also subject to home equity limits for most long-term services and supports (LTSS) programs.
Example: Sally sold her home to her son Jared, but retained a life estate. Sally’s life estate allows her to possess the property until she passes away. Sally owns a life estate and Jared owns the remainder. Sally’s life estate can be excluded as Sally’s home for Medicaid, but the value of the life estate is subject to the home equity limits if Sally applies for LTSS. When Sally passes away Jared alone owns the home.
Example: Gerrard sold his home because he wants to live closer to his grandchildren. Gerrard bought a life estate in Side B of a duplex owned by his daughter and son-in-law. Gerrard’s life estate allows him to possess the property until he passes away. Gerrard owns a life estate and his daughter and son-in-law own the remainder. Gerrard’s life estate can be excluded as Gerrard’s home for Medicaid, but the value of the life estate is subject to the home equity limits if Gerrard applies for LTSS. When Gerrard passes away his daughter and son-in-law alone own the home (just like they previously did before selling the life estate to Gerrard).
The value of a life estate is almost exclusively based on the FMV of the underlying property and the life expectancy of the life tenant. The higher the FMV of the property, the higher the value of the life estate. Further, the longer the life tenant is expected to live, the higher the value of the life estate is in comparison to the remainder.
There are two times when a valuation of a life estate is needed:
How to determine the value of a life estate (remainder):
Example: Sally sold her home to her son Jared, but retained a life estate. Sally was 78 years old on the date she sold her home. The FMV of the home was $400,000 and Jared paid $10,000 for the remainder. The life estate factor (“f”) is 0.47049. (FMV x f) = $400,000 x 0.47049 = $188,196. The FMV of the remainder is $400,000 - $188,196 = $211,804. Because Jared only paid $10,000 for something worth $211,804, there is $201,804 in uncompensated value.
Example: Gerrard sold his home because he wants to live closer to his grandchildren. Gerrard bought a life estate in Side B of a duplex owned by his daughter and son-in-law. Gerrard was 69 years old on the day he bought the life estate. The FMV of Side B was $300,000 and Gerrard paid $185,000 for the life estate. The life estate factor (“f”) is 0.62086. (FMV x f) = $300,000 x 0.62086 = $186,258. Garrard paid $185,000 for something worth $186,258.
Review any life estates the client or a financially responsible member of their AU owns or any transactions related to life estates in the LTC lookback period.
For LTC, if there is a life estate transaction with the lookback period, review the transaction to determine whether any uncompensated value exists and if there will be a transfer penalty.
If the client or financially responsible member of the AU owns a life estate, determine whether the life estate is countable or not. In addition, for applicable LTSS programs, determine whether the home equity limit applied and if the life estate is within the limits.