The Medicaid estate claim – how Medicaid can take YOUR house

Brought to you by - Michelle Wilson, Attorney, Wilson Legal

Did you know that Medicaid can take your house? Section 2398 of the Georgia Medicaid Manual states that Medicaid can demand reimbursement for benefits received from any estate worth $25,000 or more and any estate that contains a home. The average amount of time someone needs skilled nursing level care – the highest level of care and the level that requires the most caregiver hours is three (3) years. The average cost for that care monthly is $11,000 to $15,000 per month. Medicaid pays a lower rate of $9,036 per month. If you have Medicaid benefits and spend your last three years in a nursing home, then Medicaid can demand that your estate pay them $325,296 (36 months times 9,036 dollars per month) after you die. That could be all the equity you had in your home.

WILSON

That means your kids would get nothing from you if your primary or only asset was your home. Yikes! If you have a will, you still have to go through probate and would be subject to this estate recovery policy. If you have a life estate deed, your home may still be subject to estate recovery.

We can help you protect your home from Medicaid Estate Recovery. If you or your parents are at least 60 years old or even into their 70s and 80s, it’s time to ask about your options. Call us at 770-205-7861 to ask about setting up a strategy session to save your home today.