Lancaster, OH asked in Elder Law for Ohio

Q: My grandmother was just placed into a nursing home. Can Medicaid take her land even though she has a survivor deed?

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1 Lawyer Answer
Moshe Toron
Moshe Toron
Answered
  • Elder Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: In general, Medicaid will put a lien on her portion of the property after her passing to recover any amount of Medicaid benefits they paid out while she was in a nursing home.

This is true, even if it is a survivorship deed (to the extent of her percentage of ownership.)

It is also true, even if a TOD beneficiary is named

There are some exceptions to this rule. Here are 3.

1) If she has a surviving spouse, then the collection is delayed until after his death.

2) If she has a disabled child, then the collection is delayed until after the death of that surviving child.

3) If she has a child living in the house, that provided care to her for 2 years, then in some circumstances, Medicaid will not pursue collection against the house.

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