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M
manilowgirl Asked February 2019

Can Medicaid take my mother's home after her death since I am disabled and living in her home?

My mom had deeded her home over to me only one year before she fell and broke her hip and arm. Medicaid made me deed my mothers home back over to her before they would qualify her for Medicaid. I've lived in her home with her for the last two years so far. I am also her only surviving heir and I am disabled. If she has to go to assisted living or passes away, will Medicaid take her home from me if I am living in her home at the time of death? And also, what if I am living somewhere else at the time of her death but depend on the rental income from her home to survive?

JoAnn29 Feb 2019
Medicaid does not take houses away. At the time of your Moms death, a lean will be put on it. If the house is sold, that lean has to be satisfied.

I am assuming here that Mom is getting Medicaid for homecare or health insurance. She is still in the home? Medicaid may not pay for AL. They don't in my state unless you have privately paid for at least two years. They will pay for LTC if u fit the criteria.

So lets say Mom passes. You will then fill out a form so Medicaid can put a lean on the house. At that time, you will show proof of your disability. Medicaid will make the determination whether you can stay or not. If you are allowed to stay, you probably will be required to pay taxes, utilities,
upkeep on the house and mortgage if any. The lean will remain on the house and if the house is sold, the lean will need to be satisfied. I doubt if they will allow you to live somewhere else and rent the house out. But that is a question you need to ask them.

My cousin went thru this. He is still living in my Aunts home. My Aunt had a will leaving the house to him and his sister. He paid his sister her share. A 23k lean is on the house which will need to be satisfied if he sells. Hopefully, your Mom has a will leaving you the house. If not, if she is competent than you may want to get one drawn up. Otherwise, the state will get involved and determine what will be done with the house.

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