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Shala9 Asked April 2013

Will Medicaid (California) claim my house after mom's demise?

My 101year old mom has been living with me since 1979. She and I put equal amounts down payment to buy a house in 1976 for which she did not make a single mortgage payment. Her only investment in the house was the $6,000 initial down payment. I put her name on title to make her feel like a homeowner as this was important to her. In 1995 she transferred the house to me. She has had medicaid since 1980's as she left her home country with no resources and never worked in this country. I have helped her financially all along. My question is: after her demise, will medicaid (California) try to get reimbursed for hospital, in home support care, etc. by claiming the house which is in my name? She has never been in a nursing home and I don't plan on sending her there. It seems so unfair for me to lose my house after helping my mother all these years. It has really affected my life in a negative way but I have never shirked my responsibility to take care of her. I don't however want to be punished for having done that.

EXPERT Ralph Robbins Apr 2013
You will not have a problem.

GrandpaHiker Apr 2013
I am in the beginning of the process of selling my mothers house & I have been in contact with the local Social Services department here in Virginia. The documents they sent to me refer to a 5-year look back period. Any transfer of assets within the previous 5 years will be held up to investigation. There are experts on this forum that can answer better than I, but it seems clear to me that if the transfer was made in 1995, it happened well outside of the look-back period and will not be investigated by Medicaid.

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igloo572 Apr 2013
MERP (Medicaid estate recovery) became a part of Medicaid in 2000's. Each state administer's Medicaid and therefore MERP under their state's law. Most states added MERP 2004 - 2008. Anything before that MERP doesn't apply.

If they applied and were on Medicaid before whatever the date that your state enacted it into law, then MERP doesn't apply. If you did all this and legally changed property ownership and it was all recorded in 1995 - then you are all OK.

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