Can Medicaid Take My House?
Heidi AdairHeidi AdairWhen qualifying for Medicaid, it is possible to own a home. It is generally an exempt asset if the Medicaid applicant intends to return to the home, the Medicaid applicant’s spouse or disabled child lives in the home or the home is listed for sale or rent. However, after a Medicaid recipient dies, the State can be repaid for benefits that it has paid from assets owned by the Medicaid recipient at the time of their passing. It is important when working through a Medicaid application, that all steps are taken to either eliminate the ability for Medicaid to be reimbursed from a house or to greatly reduce that possibility. For example, a married Medicaid applicant may want to be sure that the home is transferred into the name of their spouse. Specific types of trusts can also be used to very effectively protect a home to benefit a disabled child. It is important to work with an experienced elder law attorney to be sure that opportunities to protect the home are not missed.
