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
Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
Bethesda, MD
Meet William Fralin
(301) *** ****
Learn more
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) *** ****
Tell us about your legal issue and we will put you in touch with William Fralin.
Meet Daniel Steven
(301) *** ****
Learn more
Daniel Steven
Daniel N. Steven, LLC
Daniel N. Steven is an attorney licensed in Maryland and the District of Columbia. with many years of experience in complex estate planning and Elder Law. He is rated by Martindale-Hubbell as an AV Preeminent 5.0 out of 5 rated attorney.
(301) *** ****
Tell us about your legal issue and we will put you in touch with Daniel Steven.
Meet Jeffrey Hammond
(301) *** ****
Learn more
Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
For Jeffrey Hammond, the practice of Elder Law is personal. Jeff’s many years of experience in law and in business did not prepare him for the crisis he faced in 2005 and 2006 when his father suffered a stroke and both of his parents suffered from dementia and other medical problems. At that time, Jeff began an i...
(301) *** ****
Tell us about your legal issue and we will put you in touch with Jeffrey Hammond.
For more on Medicaid's power to recoup benefits paid, including placing a lien on a home, click here.
Last Modified: 12/05/2014
