Asked in
Retirement Planning
Medicare and Medicaid

Can Medicaid take assets after death and require a house to be sold to pay back Medicaid or can the house be kept in the family?

Answer

User Avatar
Wiki User
August 15, 2014 3:16PM

It depends on the particular U.S. state. In some states, after a person residing in that state has died without a valid will or trust, his or her property immediately becomes the property of the spouse, if any, without the need for probate. However, in cases where the surviving spouse does not automatically succeed to the decedent's property, then it is usually necessary to "probate the estate", (whether or not the decedent had a valid will. ) Medicaid can attempt to recover funds through the probate process.

Personal Experiences:

I live in Arizona. My mother died in a nursing home only 2 weeks ago. After her money ran out medicaid paid her bill. Now they want everything. My mother has

a 16 year old car, lazy boy recliner and 70.00 in the bank. Arizona state medicaid wants it all plus her costume jewelry. She died very poor,owned no real estate but they still want everything. they even yelled at me for donating her used clothes to saint Vincent de paul and asked if she was buried with her wedding ring and was their a diamond in it. I hung up on the woman when she said that.