Elder Law Answers
Can I Protect My Mom's House From Medicaid?
I am getting ready to apply for Medicaid for my mother for assisted living. I just read that when she passes away, Medicai...
Read moreCan the State Take Mom's House for Medicaid Reimbursement?
- May 9th, 2024
Q
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, and she filed probate. Now the state wants my mother's house for reimbursement. Can they take the house if my sister's name is on the deed?
A
It 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 has low income and lives in the house she may qualify for a waiver of the state's claim. These rules may be different in other states.