Elder Law Answers
Can Medicaid Take Your Home?
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