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If I'm Disabled, Can I Protect a House that I Stand to Inherit from a Medicaid Lien?

  • May 8th, 2018
I live with an 80-year-old man, and I am his full-time caregiver. In 2004, he wrote a will that left the home to me. We live in Ohio. Is there any option to prevent Medicaid from putting a lien on the home when I put him in a nursing home? I am 59 years old, on disability myself, and I do not want to lose the home. 

There is a solution for you due to your having a disability. Your friend can transfer the house into trust for your sole benefit. He has to do this before you reach age 65 and you must be able to prove your disability. If you are receiving disability benefits, such as Social Security Disability Insurance (SSDI), that will do the trick. Since this all has to be done right and some states may have their own unique procedures, you and the man you’re working for will need to consult with an Ohio elder law or special needs planning attorney. To find one near you, go here: https://www.elderlawanswers.com/ohio-elder-law-attorneys or here: https://specialneedsanswers.com/ohio-special-needs-planners.

Local Elder Law Attorneys in Ashburn, VA

Jeffrey Hammond

Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
Bethesda, MD

Judith Mitnick

Needham Mitnick & Pollack, PLC
Falls Church, VA

Mindy Felinton

Felinton Elder Law & Estate Planning Centers
Rockville, MD

Last Modified: 05/08/2018

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