Qualifying for Medicaid can become important if you are getting older or if you are sick and you need long-term care or you need nursing home care to be provided for you. Medicaid is a vital source of coverage because Medicare and most private insurance policies only pay for skilled nursing care. Skilled nursing care is not the kind of care that typically sends people to a nursing home or necessitates home health aides come to a person’s home. Instead, most people need custodial care, which is routine help with activities of daily living and which is not covered. 
The Law Office of Michael Robinson, P.C. can provide you with assistance in qualifying for Medicaid by creating a comprehensive plan to structure the ownership of your wealth so your assets do not count when determining eligibility for Medicaid. This is important because Medicaid is a means-tested benefit and if you have too much money and property, you will not be able to get covered.
The Law Office of Michael Robinson, P.C. can also help you to address other important issues that arise in connection with Medicaid coverage. In particular, we can help you to protect your property after you pass on if you receive Medicaid benefits. This is necessary because if you haven’t protected your assets properly, there is a risk you could lose your home or other wealth after you are gone. Give us a call today to find out more about the ways in which we can assist you in protecting your home and other valuable assets while getting Medicaid to cover the care you need.
Can Medicaid Take Your Home After Your Death?
If you receive Medicaid when you are older or get Medicaid nursing home care coverage, it is possible that your home could be at risk after your death. That’s because of Medicaid estate recovery rules.
The federal government and the states manage Medicaid as a partnership, but states are required to try to recoup costs spent on Medicaid services through a process called estate recovery. With Medicaid estate recovery, the state essentially acts as a creditor who can make claims on your estate after you are gone. The state will try to take money or property you have left behind and use the money or proceeds from the sale of that property to recover the money you received from Medicaid.
When a state pursues estate recovery, it doesn’t really matter if you left your assets to heirs or beneficiaries. The state’s claim as a creditor can take precedence and the state can take the wealth that you left behind. This can include a primary home.
However, there are some restrictions on when the state can take your home. It can’t take a house if it’s co-owned by a spouse who is still alive and living in the house. Typically, the state is also prevented from taking a house in other circumstances as well, such as when it would cause hardship for a caregiver who is living in the house and who kept you out of nursing home care or when there is a disabled child living in the home.
The Law Office of Michael Robinson, P.C. can help you determine if your house is at risk and can help you to take steps to protect it.
Getting Help from Rochester Medicaid Lawyers With Qualifying for Medicaid
The Law Office of Michael Robinson, P.C. can provide you with help protecting assets and can assist you in qualifying for Medicaid without first having to impoverish yourself. We can also work with you to keep as much of your money and property as possible safe from Medicaid estate recovery.
Not only does our compassionate and knowledgeable legal team help you to make advanced plans so you can get Medicaid without losing wealth, but we can also provide representation to those who stand to lose access to important inherited assets because of Medicaid estate recovery. If you need assistance arguing for why you should be able to keep a family home after a loved one has passed away when Medicaid is trying to take the house, reach out to our firm for advice.
To learn more about the ways in which we can help you, join us for a free seminar. You can also give us a call at 585-374-5210 or contact us online to get personalized advice specific to your situation. Call today to get an advocate on your side who knows the ins-and-outs of Medicaid and who is ready to represent you.
Michael Robinson, Estate Planning Attorney
Latest posts by Michael Robinson, Estate Planning Attorney (see all)
- Medicaid Planning: What Can the Healthy Spouse Keep? - November 15, 2018
- Why Do I Need an Estate Planning Lawyer? - November 15, 2018
- A Look at Asset Protection Strategies - October 22, 2018
