Legal Question in Elder Law in Florida

Type Your Question Here...My momma be on medicaid and live in assisted living place not in her own house. Can Medicaid put a lien on her house to pay for her treatment? thnk you.


Asked on 7/16/16, 2:20 pm

1 Answer from Attorneys

Jason Neufeld Neufeld, Kleinberg & Pinkiert, PA, a personal-injury and elder law firm

If the house is also her homestead, and valued lower than $552,000, it will be exempt from Medicaid. When your mother passes away. However, I would highly suggest you meet with a local elder law attorney to discuss getting one or more of her children holding a remainder interest in the deed so that when she passes away, title transfers without any problem. This can be done in a medicaid-friendly way - referred to as a lady bird deed. I wrote an article about it here:

https://www.elderneedslaw.com/blog/lady-bird-deed

Good luck to you.

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Answered on 8/11/16, 6:26 am


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