Elder Law Answers
Can a Medicaid Recipient Transfer the Proceeds from the Sale of a House to a Spouse?
A husband and wife sold their condo. The husband is a Medicaid recipient who moved into a nursing home a month before the...
Read moreWill Medicaid Take the Proceeds From the Sale of My Deceased Mother's House?
- November 20th, 2019
Q
What will Medicaid do now that my mother has died? She left her house -- a very small cottage in need of repair. My mom was in a nursing home and the house has been vacant for two years. Her will left her possessions to my sister and myself. If we sell the cottage, will all the money from the sale go to Medicaid?
A
Yes, that could happen. The Medicaid agency no doubt has a claim against the house for the cost of the care it paid for your mother. If that cost exceeds the value of the house, then all of the net proceeds after the costs associated with selling the house will be due the state. However, you might seek to make a deal with them. If you and your family will receive nothing, you have little incentive to probate your mother’s estate and deal with the house. The agency may agree to split the proceeds with the family.