Q: My mother went into a nursing home, she and I are on the deed together in the house I own/live in. Will I lose my house?

A: You should retain an experienced elder law attorney to review your mother's assets and help you determine if she is qualified to apply for Medicaid/ICP program. Homestead property is generally exempt from countable assets for Medicaid, and if the property is not part of your mother's estate/or it is in her estate, but it is exempt homestead, then any claim by the State of Florida/Medicaid would not affect the homestead.

You should also have an attorney review the deed to determine if it is tenants in common or joint tenants with right of survivorship. This will determine if the property passes upon death to you without probate or whether the one-half would be subject to probate.

An elder law attorney can review all of this and assist you in planning/protecting the home.

A: Your question brings up a few issues:

1. When was the part of the property given to the medicaid applicant? If you have been on the deed together (as joint tenants with right of survivorship) for 5 years or more, then the medicaid applicant does not have to worry about a gifting penalty.

2. Can Medicaid take the house after the medicaid recipient passes away? If the above scenario is true, then the house is not part of the medicaid recipient's probatable estate, and is therefore not subject to medicaid estate recovery. Title to the house will automatically pass to the non-medicaid recipient and the nursing home (nor medicaid) will be able to demand sale. Further protection is afforded if the house is properly designated as the non-medicaid recipient's homestead.

Best of luck to you.

Read more details in the article below:

https://www.elderneedslaw.com/blog/medicaid-estate-recovery