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What are laws concerning home ownership and Medicaid?
I have a friend who has a home in the state of IN who is on Medicaid. She is not even close to being ready for a nursing home or death but needs to know if she is legally allowed to keep this home; valued at less than $100K, and still qualify for Medicaid? If so, are there any rules that apply that she could lose this home for any reason?
Any help is so greatly appreciated.....Any attorneys out there willing to answer?
1 Answer
- 1 decade agoFavorite Answer
There is a homestead exemption. Most states, I believe it would be federally mandated that if the house is their home, even if they are in a nursing home there is an assumption that they will return to their home, it is an exempt asset for eligibility. However, upon death, most states have an estate recovery function, where they will file a claim against the recipients estate for the amount of money paid on behalf of the person. This could come from the value of the house. Even though it is exempt for eligibility, it is not exempt from estate recovery. I do not know Indiana law for sure though. It is best to check with an attorney in Indiana. And if it is several years in the future, the law can always change.
