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