About Kyla Kelim Expertise I can answer Medicare and Medicaid questions on a federal level but many state specific requirements would not permit more than a general answer for many specific questions regarding health insurance issues.
Experience I have practiced law in Florida and Alabama for 15 years. My firm has over 60 years collective experience in elder law issues, including Medicare, Medicare D, Medi-gap and related health insurance issues as well as nursing home Medicaid eligibility.
Organizations Alabama State Bar
Florida State Bar
Education/Credentials Cumberland School of Law, Samford University, J.D. 1993
University of New Orleans, B.S. Business Administration 1990
Question My Mother has been on Medicaid for a year now and just recently went into the nursing home. Her only asset is her home. Will medicaid seize her home to pay for incurring bills while she is still alive or not until her death? Also, as her daughter can I do anything to protect the house from being seized? The will is divided between me and my three sisters?
Answer Marlene, this is the magic question right now for millions. This is how it works:
When you go into the nursing home, the state medicaid agency takes a "snapshot" and goes back several years in order to check all of your assets, to make sure you were not giving your money away. Since your mother was on traditional Medicaid, which is a different program, I will assume that she didn't have much to give away so she should be fine. As far as her house goes, what happens is that, if she is incapacitated then likely they will force a sale of the home, or at least to have it listed for sale. They will, and maybe have, had her or her representative sign a lien on the home. If she sells the home, Medicaid is paid out of the lien, and the proceeds will likely be enough to force her off Medicaid until she spends down to below $ 2,000.00, then she will go back on Medicaid. If she doesn't sell during her lifetime, then at her death, Medicaid will look to her heirs (you and your sisters) for satisfaction of the lien.
To protect the home, you need to see a good elder law attorney in your state immediately and hopefully she has not already signed a lien with Medicaid. State law will vary, so ask anyway. There are several exceptions that may permit protection of the home, but you should never ever ever ever do anything at this stage without competent legal advice.
