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When Does Medicaid Estate Recovery Apply?

If at a different time in your life, you received Medicaid as your insurance, as you get older, will this be held against you? Will Medicaid take from your estate just for having Medicaid insurance?...

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  • Categories:
  • Medicaid
  • |
  • estate recovery

Will Medicaid Take Mom's Life Insurance From Me?

My mom had to apply for Medicaid to pay for long-term care after a stroke. I'm the beneficiary on her term life insurance policy, not the estate. Will Medicaid take her life insurance from me when she passes?...

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  • Categories:
  • Medicaid
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  • estate recovery

Medicaid Rules: Going to a Nursing Home in Another State

Is our home in Tennessee protected from Medicaid if my dad, on the deed but with no financial contribution, goes to a nursing home in Oklahoma? I’ve cared for him 10 years. He recently suffered a fall visiting family.

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  • Categories:
  • applying for Medicaid
  • |
  • estate recovery
  • |
  • health care decisions

Is Marital Property Protected from Medicaid Spend Down?

If my sister’s husband goes into a nursing home and applies for Medicaid, will their house, its total or partial value, be shielded from 'spend down' to cover his nursing home expenses based on marital property laws?...

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  • Categories:
  • Medicaid
  • |
  • Medicaid planning
  • |
  • estate recovery

Can the State Take Property to Pay for Nursing Home Care?

My mother-in-law lives on a property that her sister owns. Her sister has had a stroke, is very old, and is being placed in a nursing home. Can the state take her property even though my mother-in-law lives there? ...

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  • Categories:
  • health care decisions
  • |
  • estate recovery
  • |
  • Medicaid
  • |
  • nursing home

My Dad's in Long-Term Care. Can the State Take His House?

My dad is in a skilled nursing facility in North Carolina, and I currently live in his former residence, which is also where I grew up. I've been living here part-time since 2019 and full-time since 2021. I own 1...

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  • Categories:
  • Medicaid
  • |
  • estate recovery
  • |
  • hardship waiver

Will Medicaid Have a Claim Against Our House?

My mother and father are on the deed with my wife and me. Does that protect us from Medicaid taking the home in the event my parents ever have a debt to Medicaid?...

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  • Categories:
  • Medicaid
  • |
  • estate recovery
  • |
  • deed
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  • joint tenancy
  • |
  • probate
  • |
  • tenants in common
  • |
  • tenancy

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Ask us a question and we'll respond if possible. We receive a large number of questions and are unable to answer every one. But if you don't hear back, many questions, particularly those involving Medicaid law, are best answered by a local elder law attorney. To find a qualified elder law attorney near you, click here.

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Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

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How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

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How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

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Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

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Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

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Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

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Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

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Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

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SEE MORE

Most Recent Medicaid Articles

An Elder Care Lawyer Can Help You Get Medicaid Home Care
Medicaid Spend Down: Pay for More Than Just Medical Bills
2024 Standard Protections for Spouses of Medicaid Applicants
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ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

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Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

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Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

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Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

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Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

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Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

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Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

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SEE MORE

Most Recent ElderLaw Articles

Medicare Part A and B Costs to Rise Again in 2025
Who Pays Nursing Home During the Lookback Period?
Why Won't Attorney Let Me See the Trust?
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