Will Medicaid take the house for estate recovery when my Grandma passes away?

UPDATED: Sep 30, 2022

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Will Medicaid take the house for estate recovery when my Grandma passes away?

My grandmother and I own the house together; it’s paid off. She is in a long-term nursing facility and receives help from Medicaid.

Asked on July 6, 2017 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is possible but not certain. The Medicaid rules require people to essentially use up all their own assets or things of value before Medicaid pays for them; this includes selling a home and using the proceeds. If they don't, Medicaid has the right to seize or take assets, including forcing a sale of a home, to cover or repay money paid out for the person. Because you also own the house, they would not get the full value of the house, IF they went after it--only the value of your grandmother's share or interest (you'd be entitled to your share). However, while they are allowed to do this, it is impossible to say for certain whether they will; you need to be prepared for it, but whether they do or don't is outside your control.

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