How long after a claim is made by Medicaid Estate Recovery Program do they come in a take the house?

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Do they give you notice?

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Ok then it’s an intestate situation..... well to me the biggest hurdle will be for you to determine IF you want to even deal with any of this.
By dying intestate - in my not an atty understanding - is that he died without a valid will so probate cannot be opened, there cannot be an executor appointed; to do anything with his estate something legally will need to be done to establish that you are a heir and can be appointed as administrator for his estate (that has his home as an asset); & add to this that most states tend to look at the assets of one who died intestate to escheat to the state. If assets - like his home - escheat to the state that means the state controls the disposition of those assets unless and until someone is legally determined to be administrator. You kinda have no standing in this unless and until you do something legal - like you do a Lineal Heirship - to establish that you are the heir. Lineal heirship will need an atty to get done and that has costs and can take time as notices need to go out to see if theres anyone out there who could be an heir..... if Bro had a complicated backstory- like multiple marriages or lived in a few states - this can be quite a lot of notices posted..... all this takes time and has costs. Now doing a Lineal can make sense to me IF the heirs are likely to have an inheritance. But your brother was on Medicaid and so there’s Medicaid’s MERP to deal with as a possible lien or claim against his estate which has the house an an asset of the estate, so there may be ultimately NO financial benefit to you....

The value of the property both for market value and perhaps also an intangible value become important as to whether or not it’s worth your while & wallet to get involved with establishing you as heir and dealing with probate and MERP. If the house is ratty, low value, needs ton$ of repair$, you do not need it to live in, has no interest to you at all....etc, etc..... then you can make the decision to flat walk away from getting involved in any of this. If assets escheat to the state for intestate deaths in your state then the house becomes the problem for the state / city / county to deal with. Your duty as his DPOA stopped & ceased when he died. Not your problem. No es su problema. And you can let MERP know that via a certified letter with the return registered card (the green card) sent via uspo. The duo is abt $8.00 and by sending the green card establishes that someone at MERP or their outside contractor received notification of your position.

Folks walk away from doing heirships all the time as it’s not worth the time, $ and effort. It’s one reason why you see empty abandoned ghost houses - the owner died intestate and their life history is so convoluted & with debt including delinquent property taxes added every year to a crappy old house that it’s not worth getting involved in. Add to this IF Medicaid is involved and Medicaid’s “bill” is beyond the value of the property, it makes no sense to get involved as it way way beyond the time, $ and effort.

Now if you want the house, that’s a different situation. But you better have the $ to front all costs for legal plus pay for all property costs. And have the ability to pay all for an indeterminate period of time. Again your responsibility as dpoa stopped upon his death. No es su problema unless you choose to let it become that. 
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that's the problem my brother died no will and intestate igloo572 sent back papers sent to me got a claim from mesp with claim # on it lawyer no help no clear title
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Like JoAnn said they do NOT take the home.
Medicaid is not in the real estate business. What Medicaid wants is to be repaid for costs paid if at all possible. How that is done is very much interdependent on your states property and probate laws.

So did you or someone else get a NOI (notice of intent) from Medicaid?
Did you respond to it?
Are you challenging the NOI, like are you filing for any exemptions or exclusions to MERP? If so, where does that stand?
You mention a “claim”, so did you all open probate? and did the state, Medicaid or its outside contractor actually file a “Claim” as required by state laws for probate?

Or has nothing been done by family / heirs?
 If you all have done nothing - no response to the NOI, no opening probate, etc. - then the state or its outside contractor can by default can place a lien onto the property. What happens is that when property is sold, the buyer - who is getting a mortgage - will need to get title insurance; the title company does a deep dive to find out if any “clouds” on the title and more than likely if property owner is over 65 will specifically look for Medicaid lien; mortgage co may require for a release from Medicaid..... which means that at closing within the Act of Sale will be $ paid to the state to lift the cloud due to Medicaid from the title. So medicaid get $$ at the Act of Sale in order for sale to happen. This could get to be a very involved math problem.  Clouds on title often can delay closing..... and delay it by weeks or months. It can totally kill a sale. I’d suggest you clearly speak with your Realtor as to this possibility. If you are just starting to find a Realtor & put house on market, I’d suggest you put that the potential for a Medicaid claim or lien exists on the property in the listing. That way any prospective buyer is aware that there could be time issues for closing. It’s imo kinda like the issues a short sale has, as there’s a figure that has to be determined & agreed to in advance of the sale in order for sale to happen and you have this plus the legal that their dead so someone has to be legally appointed to act in the Estates interest. 

If you’ve opened probate your atty should know how to deal with this. 
If there wasn’t a will & they died intestate, that’s another problem. 
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My Mom has been gone since September and I have gotten nothing from Medicaid. I did request a letter stating what she owed because I am selling her house and wanted to make sure the sale would cover Medicaid and taxes.

Here in NJ they don't take the house. At the time of the owners death, a lean will be put on the house. You can then sell the house to cover the lean or satisfy the lean yourself if you want the house. If you are really worried about how it is handled in your state, contact your local Medicaid office.
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