Elder Law Answers
Can I Protect My Mom's House From 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 moreCan We Sell My Mom's House If She Is on Medicaid?
- February 1st, 2023
Q
My brother and I are selling my mother's home. She is on Medicaid and in a nursing home. Does the state get half of the money from the sale? Whom do I contact once the house sells?
A
You will need to contact the Medicaid agency. Once your mother sells the house, she will be ineligible for benefits until the proceeds have been spent down. The Medicaid agency may or may not also have a claim for reimbursement from the proceeds. That differs from state to state.
We recommend that you consult with a local elder law attorney who will be able to advise you on how the rules are applied in your state and whether there may be strategies available to save some of the sale proceeds.