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Elder Law: Can Medicaid Take Your House?
Nursing home residents do not automatically have to sell their homes in order to qualify for Medicaid, but that doesn't me...
Read moreCan Medicaid Put a Lien on Property After It Goes Through Probate?
- July 6th, 2017
Q
My mother was a Medicaid recipient who passed away in New York City less than a year ago. She owned a co-op apartment that was transferred to me after it went through the probate process. Months later, I received a letter from Medicaid saying that it was putting a lien on the apartment. Can Medicaid do this after the apartment has gone through the process in court?
A
Probate is a state-based process. For example, in Massachusetts, the state Medicaid agency is given notice of all probate proceedings and has a deadline for filing a claim. If it misses that deadline, it's out of luck. But the process may be different in your state, or a step might have been skipped. You'll have to consult with a local elder law attorney to get an answer. To find an attorney near you, go here: https://www.elderlawanswers.com/new-york-elder-law-attorneys