This question is complex and the most basic answer is, ‘yes’ and ‘no.’

An individual is entitled to retain their home while they are alive and receiving Medicaid assistance, even if they are in a long-term care facility. However, with the enactment of the Medicaid Estate Recovery Program, upon the death of that individual, any assets they own that are subject to the probate court system are also subject to Estate Recovery.

There are certain planning techniques that are available to help protect the home and ensure loved ones can receive an inheritance upon the death of the Medicaid recipient. Please contact us to discuss your individual situation and determine options.