If an elderly person passes and they were they were primarily subsidized by Medicare and Medicaid the final years of life, can Medicare or Medicaid place a lien on (or take possession of) their homesteaded house to try and get reimbursed their years of coverage? If so what is the best way to prevent this if the elderly person refuses to make a will?
1 Answer from Attorneys
In Florida, utilizing a lady bird deed would be wise. Consult with a local elder law attorney but it basically works like this: the elderly person gets to remain in the house for as long as they live. Once they pass away, the house would automatically be transferred to the "remainderman" listed on the lady bird deed. In this manner, the house avoids probate and no will is necessary for the house (although everyone, even folks of modest means, should have a will/trust estate plan set up, which can be done relatively cheaply). Good luck!
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