Q: Medicaid estate recovery
My mother-in-law received Medicaid benefits while she was in a nursing home. Upon her death the house and other assets were left alone as her husband was still alive. If us kids sell his house and vehicle before he dies will the state of Ohio stop the sale? If not, what happens when my father-in-law passes? My understanding is that estate recovery will come into play once he passes. I'm not sure what happens before and/or after that should we sell his assets.
If you sell the house now, Medicaid cannot take any of the sales proceeds, since your father-in-law is still alive. He can then spend the money as he sees fit on items for himself. Once he passes, then technically, Medicaid has a claim against the remaining funds from the sale. However, with some good planning while he is still alive, an elder law attorney can help you legitimately avoid paying Medicaid back, if you sell the house while he is still alive.
If he keeps the house and then you sell it after he passes, then Medicaid can make a claim against the house sale proceeds at the closing.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.