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Does Medicaid's Lien on My Mother's Home Mean She'll Lose It?

  • March 13th, 2015
Q
Georgia Medicaid put a lien on my mother's home and property as a way to recover the costs incurred by my father's nursing home stay. Will she lose her property?  If she leaves the home and property to a child or grandchild, will they inherit the lien as well upon her death?  If the property is jointly owned with her child or grandchildren, can Medicaid still take the home and property?
A

I cannot tell you about Georgia laws or practices specifically. For that, you will have to consult with a local elder law attorney. However, the general rules are that the state may not collect on the lien while your mother is alive, but can after she passes away. However, joint ownership (depending on the state) may defeat the state’s claim even then since it avoids probate. Again, you will need to consult with a Georgia elder law attorney for a definitive answer.

For more on Medicaid's power to recoup benefits paid, click here.

Local Elder Law Attorneys in Ashburn, VA

Margaret O'Reilly

Margaret A. O'Reilly, PC
Herndon, VA

Ron Landsman

Ron M. Landsman, P.A.
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William Fralin

The Estate Planning & Elder Law Firm PC
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For more on protecting a house from estate recovery, click here.


Last Modified: 03/13/2015

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