Legal Question in Elder Law in Utah

Will Medicare take the house?

My parents went to a seminar to find out if Medicaid will take all their assets if one of them dies and the other needs a nursing home. They were told that in Utah, Medicaid will require them to spend all their assets down to $2000, then Medicaid will take over. Other people on this site indicate that after the survivor passes away, I will be forced to sell the house to pay back any extra money Medicaid pays for their care. Is that true or do I get to keep and sell the house as part of my inheritance? If so, is this just a Utah law or is it a nationwide law?


Asked on 5/14/07, 5:20 pm

1 Answer from Attorneys

Randy Lish Randy M. Lish, Attorney at Law

Re: Will Medicare take the house?

Your information is correct,it is a Utah law, but based on a requirement of federal law that the states recapture as much as possible from funds spent for medicaid. There are some ways to plan around the medicaid problem, depending on your parents' circumstances.

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Answered on 5/15/07, 11:01 am


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