Medicaid Recovery on a jointly owned home

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NanaD
Posted 9/25/2008 6:16:46 PM
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My mom died in Massachusetts without a will while she was on medicaid.  My sister's name is on the deed to my mom's house (which we did not know-they had previously owned the house together but with refinancing thought that had changed) and filed probate.  Now the state wants my mother's house for reimburesement.  Can they take the house if my sister's name is on the deed.
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mcrews
Posted 10/1/2008 5:08:00 AM
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yes, they can take upto half the value

mark john crews

Mark John Crews
Strategic C.A.R.E. Planning(C)

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Harry S. Margolis
Posted 10/7/2008 8:21:33 AM
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It actually depends on how your mother and sister owned the property.  If they owned it as tenants in common, then you must probate your mother's estate and her half of the property will be subject to claim by the state.  If they owned it as joint tenants, the property will pass automatically to your sister free from claim by the state.  Even in the first instance, if your sister is low-income and lives in the house she may qualify for a waiver of the state's claim.

Harry S. Margolis

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