Can Medicaid take my house?

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My home is still financed and my husband has been on Medicaid for 7 months now due to his nursing home visit.

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Regarding Medicaid taking the house.....Medicaid is required to do an attempt on recovery or repayment on all costs paid by Medicaid from the assets of the deceased estate. This is called MERP or MERS. All states have to do this to participate in federal funding for Medicaid.

Just how MERP is done will be dependent on your state laws for property rights, probate, heirship. Most states do not do a recovery action on a house that has a spouse living in it upon death of the N.h spouse. Other states place a claim or a lien on the property that will need to be settled if & when the property is sold by the remaining spouse.

There should be some sort of certification &/or authorization form from your states MERP office by you to show the MERP status on the property after he dies. MERP in many states is done by an outside contractor & if so, they will contact you in a couple of months after death to find out if there's a surviving spouse or other exemptions or exclusions to MERP & if so, then you send in the info or documents needed to get MERP certification or release done. For surviving spouse living in the house situations, the process seems pretty straightforward.

Whatever the case, remember the mortgage holder has first dibs on the house as you don't fully own it till the morgage, heloc or other debt is paid off.
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Your the community spouse, correct? Are you getting CSRA / MMNA? The community spouse resource allowance or monthly maintenance needs allowance - from your hubs monthly income? Do you have your own assets set aside from any spend down done for your husband?

When they go onto Medicaid, they are required to do a copay of their monthly income to the NH. This is called the SOC -share of cost. For a widow or widower living in a NH, this is routine. But when there is a CS, you need to make sure you as the CS are getting the maximum amount of CSRA that a CS is allowed under your states Medicaid rules. I mention this because if you still have to pay on a mortgage that can be a big cost each month...are you able to pay your bills without any problems? You as the CS are not required to make yourself impoverished so hubs can be on Medicaid. Only hubs has to be low income to be on Medicaid.

Over & over on this site, there will be posts from spouses still living in the community that end up using their $ & savings that they need for their day to day living costs for future years as they are not getting the max CSRA / MMNA & they don't understand that you as a CS can have around 116k of your own assets.

CSRA / MMNA vary by state. For TX it's about $ 2,900 a month; so if hubs had an income of $ 3,000 a month, his SOC or co pay to the NH could be $ 100 as the CS could get the $ 2900 CSRA under TX rules. CSRA / MMNA is kinda like alimony & you really want to get all the CSRA or MMNA you can qualify to get.
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Medicaid will never displace the spouse from their home. You get to stay there as long as you can.
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