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Can Medicaid put a lien against my mother's home after she passes away.

Lake Wales, FL |

She is in a nursing home under Medicaid.
Her home is worth less than 50000.00.
She quit claim the house one year prior going into the nursing home and she has lifetime ownership. Her health was good and we had no idea this is where we would be a year later.

Attorney Answers 3

Posted

Generally speaking, if she is on Medicaid and the Medicaid application was made then than 60 months after the transfer of the real estate, then that means there is an available resource which Medicaid can go after. You should meet with an experienced estate/elder lawyer to determine if there are actions you can take at this time.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

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Posted

If the house was transferred while your mother was living and she didn't retain any interest, it probably isn't subject to estate recovery. If she owns the house at death or it is subject to a TEFRA lien, it can be Medicaid disqualifying or house sale proceeds subject to payback.

Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

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Posted

Ask a Florida attorney to be sure, but my understanding is that the Florida State Constitution prohibits estate recovery against the homestead. Also wondering how your mom quitclaimed the homestead one year prior to receiving MA without divestment (unless it was a transfer on death deed)...

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