Search Articles

Find Attorneys

Is There a Way to Protect My Mother's House From Being Sold to Pay Back Medicaid?

  • June 27th, 2014
I am getting ready to apply for Medicaid for my mother for assisted living. I just read that when she passes away, Medicaid will force me to sell her home to recover their payments to her. Is that true, and if so, is there any way to protect that asset from Medicaid?

Yes and no. Medicaid has a claim against the estates of beneficiaries to recover the costs of care for which they paid. Whether you will have to sell the house to satisfy this claim depends on a number of factors, including the amount of the claim and whether you have other sources from which to pay it, such as your own savings or taking out a mortgage on the house. Also, in some instances you can take steps now to protect the house from claim, or it may qualify for a hardship waiver. To see if you or someone else in your family may qualify for these exceptions, you will need to consult with a local elder law attorney.

For more on steps that can be taken to protect a house from Medicaid recovery, click here.

Local Elder Law Attorneys in Ashburn, VA

Mindy Felinton

Felinton Elder Law & Estate Planning Centers
Rockville, MD

Daniel Steven

Daniel N. Steven, LLC
Rockville, MD

Margaret O'Reilly

Margaret A. O'Reilly, PC
Herndon, VA

Last Modified: 06/27/2014

Medicaid Rules, etc

View All Elder Law Topics Questions & Answers State Medicaid Information