I'm a caregiver and on Medicaid. Will I lose the house once mom dies?

First of all, your lawyer doesn't understand Medicaid. You are not 55 and did not get Medicaid to go into a NH. You just accepted them as your insurance carrier IF you had to go to the doctor. It is a totally different thing than Medicaid after 55 for people going into long-term care.

The state will probably put a lien on your mother's house. What will happen depends on if you qualify for a caregiving child exemption and how your state handles the exemption. What you do want to do is keep a record of what you do for your mother and also get a statement from her doctor that she requires full-time assistance to stay out of a nursing home. You've been there three years, so may qualify under the caregiver exemption when it comes to the house.

The way states handle things can differ. From what I understand, some states will grant the house outright to the caregiving child, while other states grant a life estate. If you plan to sell the house, the life estate is pretty meaningless. The state will seek recovery on the house as soon as your move. I hope your state is one of the former ones.

Is your lawyer experience in Medicaid as well as Trusts? Medicaid can be very complicated and a lawyer really needs to be a specialist in order to fully understand all the complications.
I have to admit all I know I have learned from reading on this site, but generally a person is able to live in their home as long as they are physically able. Medicaid doesn't take it out from under you, they place a lien on it and recoup the money they have given you after you die or when you sell the property.

You need to see an attorney that specializes in Medicaid Planning. Is mom on Medicaid? They will not take the house from you as long as you are living there or have income from it, i.e. renting. Have you thought about roommates?

In general, Medicaid will allow a house to transfer to a family member caregiver that provided medically necessary care without penalty. Some states are different, you need to check. But the transfer does not make the debt and lein go away. It stays there until you die. If I were you I would figure out a way to remain in the house especially if it is paid off.

Find an elder law attorney in your area on www.naela.org (the National Academy of Elder Law Attorneys). Medicaid rules vary from state to state.

Sorry, I re read and see that you feel you will need to sell, I think that is the sticking point isn't it? It would obviously be better for you to continue to live there if at all possible, after all there will be expenses no matter where you live. Explore what options are available that will help you remain in the house, I have heard others say that in some places property taxes can be reduced or forgiven for those with a disability.
Hopefully those with more knowledge will give you some good ideas.

Here is a bit of information about houses. If you'll scroll down toward the bottom of the link, there is talk about Medicaid recovery regarding homes.

https://aspe.hhs.gov/basic-report/medicaid-treatment-home-determining-eligibility-and-repayment-long-term-care

I agree with others who have have said that lawyer doesn't understand the Medicaid Estate Recovery Program. Just ask the agency providing your MedicAid. They can explain it to you. And, if your Mom is getting $1300 a month she's not on SSI (Supplemental Security Income), as that is way too high a figure for SSI. And people on SSI get MedicAid. So if she's on Medicare and has that mu v h income she is getting Social Security NOT SSI. There's a huge difference.

Don't worry about what the attorney said. It didn't apply to your situation at the present time. I suspect he doesn't know a lot about Medicaid.

Crepella, please don't be afraid to go to the doctor! Medicaid is your insurance and you should use it! The lawyer you've spoken doesn't understand Medicaid. Relax!

Medicaid expansion is INCOME based only. If you earn less than 138% iirc of the federal poverty level then you qualify. It doesn't matter if you have a million dollars or 50 houses. If you don't earn over the marker, you are approved.
Regular Medicaid is MEANS based- you need to report all your income and assets aka your means. If you fall within the state limits, you are ok. If you don't, you have different options but you don't have to worry about that. This type of Medicaid does attempt to get paid back later.