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 John Laster
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John Laster
Law Offices of John L. Laster
John Laster is a lawyer licensed to practice in Virginia, Maryland and the District of Columbia. He limits his practice to wealth transfer planning, trusts, wills, powers of attorney, health care decision-making issues, estate administration and related tax, elder law and disability concerns. Listed in The Best Lawyers...
(703) *** ****
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Meet Margaret O'Reilly
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Margaret O'Reilly
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
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Meet Evan Farr
(703) *** ****
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Evan Farr
The Law Firm of Evan H. Farr, P.C.
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
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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
