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Can a nursing home go after a life estate?
If Medicaid pays for nursing home care, the state can try to collect reimbursement for these costs from the person's assets after he or she dies. But after the person's death, the state Medicaid program can try to collect medical costs from the deceased person's estate. This is called “estate recovery.”
Can a nursing home take a life estate?
The most common issue that arises is that the costs of a nursing home or other long-term care eat away at a person's assets until they're gone. Creating a life estate effectively transfers the bulk of the home's property to whomever the person names to hold the remainder interest.
Can a lien be placed on a life estate?
A life tenant does not have the right to sell the property outright, but he or she can sell her life interest in the property. But because they own a future interest in the property, their creditors can put a lien on the property and then act on the lien after the death of the life tenant.
What assets can a nursing home take?
Some assets are exempt, which means you can transfer them to others as gifts for little or no compensation without penalty namely, household goods, personal effects, certain prepaid funeral expenses, and income-producing property, and in some cases, your home and retirement accounts.
Can Medicare Take your home after death?
Once you die, Medicaid will try to collect for the amount that they paid for your long-term care costs via Medicaid estate recovery. Even after your death, if you have a disabled, blind, or minor child, the state is not able to touch your home.
Can Medicaid recover from a life estate?
Life estates are created simply by executing a deed conveying the remainder interest to another while retaining a life interest. In many states, once the house passes to the remainder beneficiaries, the state cannot recover against it for any Medicaid expenses that the if estate holder may have incurred.
How does a life estate affect Medicaid?
As such, creating a life estate triggers rules that prevent the transfer of property to become eligible for Medicaid. But if you create the life estate at least five years beforehand, Medicaid's anti-transfer rules generally won't apply, because Medicaid only looks back that long to see what you've done with assets.
Is there a statute of limitations on Medicaid recovery?
Yes, there is a generally a statute of limitation on Medicaid estate recoveries. All states have a Medicaid Estate Recovery Program in which they are required to seek reimbursement for the amount they paid for long-term care (such as nursing home care) following the death of a Medicaid recipient.
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