When Medicaid Comes for Your House - Makofsky Valente Law Group, P.C.

For the last few weeks we have been covering various issues regarding Medicaid, including common myths about Medicaid and warning signs and situations that may indicate you need help with Medicaid planning. We aren’t the only ones who have been covering this important topic…

The New York Times recently ran an article – When Medicaid Comes After the Family Home – which looked at how states seek to recoup money spent on Medicaid beneficiaries. According to the New York Times, in 1993 Congress mandated that when “Medicaid beneficiaries over age 55 have used long-term services, such as nursing homes or home care, states must try to recover those expenses from the beneficiaries’ estates after their deaths.”

The article highlights the case of a woman who received a bill for over $77,000 after the death of her mother. Her mother had been well insured, but enrolled in Medicaid to take part in a state program which modestly paid her daughter for caregiving. This triggered additional charges via a managed care group, and the state is now seeking to regain the money. Medicaid is the only public benefit program that requires states to try to recoup benefits, and one of the best ways to do that is for the state to go after the home of the deceased person. But you can PROTECT YOUR HOME and prevent Medicaid from placing a lien against the home. Living trusts, for example, are a great tool and are often used to protect the home, both during life and after death. Proper planning is key to preserving assets, including the family home. We can help. Medicaid planning is one of our specialties and we can help create a plan to maximize your resources and preserve your life savings.

Do you have questions about Medicaid and how to plan for it? (Remember, planning is key for Medicaid.) Would you like to know how best to qualify without spending down your nest egg? We can help. Please give us a call or email us! As knowledgeable Elder Law attorneys, we can provide the legal advice you need to achieve your long term goals.

The information provided herein does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available here are for general informational purposes only.

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