Plainly is a free tool. It is not part of any government agency.
Will Medicaid Take My Mom's House After She Dies Because She Was on Medicaid?
Last reviewed 2026-07-08
Federal law requires states to seek recovery from the estates of certain Medicaid recipients, but recovery is barred while there is a surviving spouse, or a surviving child who is under 21 or blind or permanently disabled. Whether a specific house counts as part of the estate, and what other exemptions apply, depends on your state.
What happened
A parent received Medicaid. This was often for nursing home or long term care. Now there is a worry. Will the state come after the family home after she passes away? This is one of the most common Medicaid questions families ask. Federal law does set firm limits on when this can happen.
What usually applies
Federal law requires states to try to recover money from some Medicaid estates. This includes anyone who got long term care services. But recovery is barred in two cases. One is a surviving spouse. The other is a surviving child who is under 21, blind, or disabled. What counts as the estate depends on state law. A state can choose to reach beyond probate property. This can include a jointly owned home or property in a trust.
“when he has no surviving child who is under age 21, or...is blind or permanently and totally disabled”
“all real and personal property and other assets included within the individual's estate, as defined for purposes of State probate law ... may include...any other real and personal property and other assets in which the individual had any legal title or interest at the time of death”
What to do
- 1
Check whether a surviving spouse or qualifying child applies
Federal law blocks recovery in these two cases. Check whether either one applies to your family.
- 2
Ask the state whether it expanded the definition of estate
Some states only reach probate property, others reach jointly held or trust property too. This changes whether a specific house is at risk.
- 3
Ask about a caregiver child or sibling exemption
Many states offer exemptions like these. Not every state has them. Ask your state Medicaid agency or an elder law attorney directly.
- 4
Request the estate recovery unit's contact information
Most states have a specific office for these claims. This office can explain the process for your family.
Estate recovery involves state specific rules and real deadlines after a death. An elder law attorney or legal aid office can review your family's exact facts, and your local 211 line can help you find one. Ask early, since some exemptions have their own filing windows.
Want help with your own letter?
Start nowSources
- Cornell Law School Legal Information Institute (42 U.S.C. 1396p(b))Retrieved 2026-07-08
Last reviewed 2026-07-08