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Will they kick my brother out of her house regardless of the situation?

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Medicaid is required to do an attempt to recover all costs paid by Medicaid from the assets of the medicaid receipient estate after death. This is called MERP and is done via a claim or a lien on the property. The house will be an asset of her estate. If your brother provided for caregiving for mom for 2 years before she went into a NH on medicaid & can document this, he can file for a caregiver exemption from MERP for his heirship on the house.

If there are other heirs, they too will need to either qualify for their own exemptions or exclusions otherwise a claim or lien gets placed on their share. There are all sorts of exemptions but it is up to family to do,whatever to get the exemptions done. If there is a will & you do probate, then claims against the estate follow your state laws on how done & determined to be paid via probate.

If the property is really low low value, it could be beyond the required cost-benefit for a recovery action to be done by the State or it's outside contractors. The recoverable estate seems to have a threshold of 3k - 10k. But you will have to provide whatever info or documentation to State or probate court to establish this.

Look at the current tax assssor value on the property. if its whack for value, you can get it inspected & appraised and file a challenge with assessors office to get valuation reduced. Most assessors have a tight window - maybe 60 days - in the spring to challenge assessor value.
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No, the house is an exempt asset as long as she is alive. Brother will not have to move, but like I said before, there won't be any of her money available to pay the bills.
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Your mom can keep a house and a car while on medicaid. However after she passes, Medicaid will place a lien on the property to recoup their spending. Your brother will not be able to keep the house.

Angel
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Yeah, but will they make us sell the falling down, actually would cost more to bulldoze it than it's worth, house b/c he is not a spouse?
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They don't care about your brother. But if mom goes into a Nursing Home, all her income goes with her. Brother will have to pay the taxes, utilities etc. on his own.
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