This question concerns medicaid estate recovery program in North Carolina How to avoid the recovery

Asked over 4 years ago - Vale, NC

My parents signed their house and property to my husband and myself. The waiting period was 3 years at that time. They were not admitted into a nursing home until 6 years later. Nothing has ever been said about an estate recovery since they don't have an estate or any assists in their name. So can the state of North Carolina still demand a recovery ?

Attorney answers (1)

  1. Susan Lynne AlexanderMyers

    Contributor Level 10

    Answered . I handle Medicaid issues in California, however, I am familiar with the federal Medicaid law applicable in almost all states. As you may know, the home is an exempt asset and is not counted for Medicaid qualification purposes. Under the Deficit Reduction Act (DRA), a home with less than $500,000 in equity is an exempt asset. Thus, your parents likely did not even need to transfer their home to you. However, since they did, it is now effectively out of their Medicaid estate and the state cannot come back to try to recover their costs from you. You might gain a bit of peace of mind by consulting with a NC attorney who practices in this area. You can find an elder law attorney by going to www.naela.org (National Academy of Elder Law Attorneys). Good luck to you with this matter.

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