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So Medicaid can't go for it after death? In Iowa.

You're asking a good question that is well worth the insights from an elder law attorney in your state who knows about real estate and your state's Medicaid regulations.

In my state (Massachusetts) there is no Medicaid estate recovery from the Remainder interest of property that passes at death, by operation of law outside of Probate under a deed from a property owner who retained a Life Estate.

But the property owner can't sign a deed transferring an interest in his or her real estate and expect to be eligible for Medicaid in my state, unless 5 years have passed since the transfer.

There may be better ways that a transfer upon death Deed to get the results you want. Ask about trusts, and your state's provisions for joint ownership.

Talking with an elder law attorney in your state will open your eyes to all the options, and alert you to the important tax considerations that other people have posted here, in response to your question.
Helpful Answer (3)
Reply to John L. Roberts
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I read up on this. According to what I read, your state is one that doesn't allow this.

Your home not going to probate is not the thing. If the house is still in your name when u apply for Medicaid then a lean can be put on it at time of passing.
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Reply to JoAnn29
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Probably not. If the deed is in one persons name then it will need to be sold and used up before Medicaid kicks in. If ownership is held if the person is in nursing home and on Medicaid, then a lien will be placed on it to be sold at fair market value upon death. Even with the person in a nursing home, there are taxes and maintenence costs that will have to be paid if someone else is living in it. Difficult to charge rent if that income has to supplement costs of care.

These rules are in place so that us taxpayers are not overburdened with costs that can be paid by the owner
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Reply to MACinCT
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