Mother & Father on Medicaid, Father died....

by Tim Fletcher
(Miramar Beach, Florida, USA)

My dad had a major stroke over 2 years ago and was in a nursing home where he passed away Dec 14th, 2010. He had qualified for medicaid and the home and assets that were allowed to keep by my mother were allowed.

My mother had a stroke a year ago and that changed things dramatically. We did a personal service contract and protected the assets she had and the home was in her name still. She qualified for medicaid and has been in a nursing home for the last several months.

Our concern is her home now that she is not living there currently. She does not want the home to be taken away and wants us kids to have it when she passes. As she says, "Dad & I worked all our lives to provide for you kids and for us to have a happy retirement and paid taxes and social security and don't want our house to go to the government. We want our kids to have it."

Can medicaid take the home upon her death or does it go to her estate and then to us? Any info would be greatly appreciated. Thanks in advance....

Concerned Mom & Family.

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Dec 23, 2010
Estate Recovery Against House
by: K. Gabriel Heiser

The state is entitled to recoup its Medicaid payments made on behalf of your father AND mother. Whether the state can or will go after the payments made on behalf of your father depends on your own state's laws; some states won't go after the home if there is a surviving spouse, others will only delay such recoupment until AFTER the surviving spouse dies. In any event, the state is certainly going to attempt to go after the house for the money it spent on behalf of your mother. Good luck!

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