In 2006 my mom did not have health insurance & ended up with congestive heart failure & needed open heart surgery so she went on medicaid at the age of 56. Her house was / is paid for so she put her house into a land trust to me (I am her only child) after she passes. She actually signed the land trust papers in the hospital before she went in for surgery. This all happened within days. My question is will the house be mine after she passes or can & or will the state take it? Also if she wants to sell it, will the state take the proceeds? Is there anywhere I can look to see if they have a lien on the house? Thank you, Kara

Terry Says:

Medicaid is a state program, so it depends on the state of residence of the senior.  Most states have at least a 5 year “look-back” at assets that have been transferred within the period of applying for Medicaid.  There is an interesting exception for seniors who have an adult child residing with them in the home.  Most states exclude the residence from the Medicaid assets under this circumstance.  You need a qualified elder-law attorney in your state to answer the question.  Go to www.NAELA.org — the National Association of Elder Law attorneys to find one.

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