Will Medicaid Have a Claim on My Mother-in-Law's Interest in Our House?

January 5th, 2015

My mother-in-law is on the deed to my wife's and my home. If she moves into a nursing home, will Medicaid try to claim an interest in my home? How can I prevent them from doing this? Must I transfer the interest in the property prior to her moving? She no longer earns an income and does not pay anything towards the mortgage at this point.

The usual rule is that you don’t have to do anything as long as you don’t sell the house during your mother-in-law’s life, and making any transfers now could make her ineligible for Medicaid benefits for up to five years. However, depending on the language on the deed, your state Medicaid agency may have a claim against the house after your mother-in-law passes away. I strongly recommend that you consult with a local elder law attorney to review the deed, explain how this works in your state, discuss your plans, and take any planning steps if necessary.

To find an elder law attorney near you, click here.

Local Elder Law Attorneys in Ashburn, VA

Last Modified: 01/05/2015

+41
Attorneys practicing
in Ashburn

Elder Law Answers

Article Search

Attorney Search

Search Articles

Find Attorneys

Will Medicaid Have a Claim on My Mother-in-Law's Interest in Our House?

Evan Farr

John Laster

Margaret O'Reilly

For Attorneys

Will Medicaid Have a Claim on My Mother-in-Law's Interest in Our House?

Farr Law Firm

Law Offices of John L. Laster

Margaret A. O'Reilly, PC

Related Articles