For many clients and families the primary asset is the home.
“When I die will Medicaid take my home?” is a common concern for many of our clients. The short answer is probably not. However, like most questions the answer depends on the context of the question.
If a person accepts public assistance through Medicaid after reaching the age of 55, a debt is created up to the value of services provided. When the recipient passes, the agency is required to be notified and will likely file a claim against the recipient’s estate. Just because a debt is created does not mean it will paid out or collected. Specifically this debt shall not be enforced against qualifying homestead property under the Florida Constitution.
Additionally, the Medicaid debt shall not be enforced against the recipient’s estate if the recipient is survived by a spouse, child under 21, or a child who is blind or permanently disabled under the Social Security Act’s eligibility requirements.
So long as your home is protected under the homestead exemption of Florida or the recipient is survived by a qualifying individual detailed above, Medicaid will not take your home when you die.
Remember, Medicaid planning is a nuanced and complicated process that should be undertaken with the guidance of a knowledgeable and experienced elder law attorney in your area.
Nicholas W. Chipurnoi, Esq.
The above information is intended for informative purposes only and is not legal advice. For advice on your specific situation, please contact an experienced elder law attorney in your area.