Elder Law Answers
Is There a Way to Protect My Mother's House From Being Sold to Pay Back 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 moreWill My Mother's House Have to Be Sold If She Goes on Medicaid?
- December 5th, 2014
Q
My sister lives with my mom, who has reached the stage where she needs to be in a full-time care facility. My mom owns the house. Will the house have to be sold to cover the costs of her care?
A
Probably not. Every state Medicaid program is different, but in most cases Medicaid will pay for your mother’s care even if she keeps her home. However, the state will place a lien on the house so that it will be reimbursed when the house is sold or upon your mother’s death. From what you describe, it may be possible to protect against this claim by transferring the house to your sister. This is usually not allowed, but your sister may qualify for the “caretaker child” exception. I strongly recommend that your family consult with a local elder law attorney to determine what makes the most sense in your situation.
For more on Medicaid's asset transfer rules, including the "caretaker child" exception to these rules, click here.
Local Elder Law Attorneys in Ashburn, VA
Meet Loretta Williams
(703) *** ****
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Loretta Williams
Hale Ball Carlson Baumgartner Murphy PLC
Loretta Morris Williams is a certified elder law attorney by the National Elder Law Foundation. Ms. Williams was admitted to the Council of Advanced Practitioners, National Academy of Elder Law Attorneys (NAELA) in 2012. She serves as President of the Virginia Academy of Elder Law Attorneys. Ms. Willia...
(703) *** ****
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Meet Ron Landsman
(240) *** ****
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Ron Landsman
Ron M. Landsman, P.A.
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
(240) *** ****
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Meet William Fralin
(301) *** ****
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William Fralin
The Estate Planning & Elder Law Firm PC
Bill founded The Estate Planning & Elder Law Firm, P.C. in 1994. Bill limits his practice to the areas of estate planning and administration, incapacity planning, Medicaid, asset protection planning, and elder law. He is one of (15) fifteen attorneys practicing in Virginia, Maryland and the District of Columbia, ce...
(301) *** ****
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For more on Medicaid's power to recoup benefits paid, including placing a lien on a home, click here.
Last Modified: 12/05/2014
