What Are the Rules for Medicaid Qualification (Part 3)? - Property Liens

assets attorney cost home lien medicaid medicaid qualification michigan nursing home property liens Jan 09, 2017

As in part two of our series, your Medicaid planning advisor can best help you determine how the rules apply to your specific circumstances in your specific locality. Before you get into the specifics, however, it’s a good idea to familiarize yourself with the general federal guidelines for Medicaid qualification that apply everywhere.

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PROPERTY LIENS

In addition, the state can place a lien on an unmarried Medicaid recipient’s home, unless certain dependent relatives live on the premises or the state permits a “Homestead Exemption”.

Sale of the property, while the person receiving Medicaid is still living, could result in the loss of Medicaid coverage (due to excessive assets) and an obligation to use the sale proceeds to satisfy the lien that Medicaid places against the home.

There are exceptions to this rule. Satisfaction of the lien is not required if the applicant returns home prior to their death or one or more of the following individuals reside on the property:

  • the recipient’s spouse
  • a child under age 21
  • a child who is blind or disabled
  • a sibling with an equity interest in the home
  • a child who cared fo the recipient for the two years preceding his or her application for Medicaid coverage

Note: The lien is solely for the purpose of recovering the cost of Medicaid care paid prior to the recipient’s death. Consult your Medicaid planning advisor for more details.

Give yourself the best opportunity to qualify for Medicaid coverage. Check back, for additional information, as we continue our series  - What Are the Rules for Medicaid Qualification? To start at the beginning of our series, click here

Learn more about applying for medicaid in Michigan. Read our latest blog post

The Cost of Long Term Care Means That Medicaid Can Apply to You, Even if You Currently Believe It Doesn’t

Questions?  Contact us today (248)278-1511

This article, in our series regarding Medicaid qualification rules, by Michigan lawyer Nicole Wipp and the Family & Aging Law Center PLLC is not, and should not be construed as, legal advice. It is for general informational purposes only. To better understand how this legal concept can be applied to you, consult with an attorney.