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In Florida does co-ownership of a home incur Medicaid payback?

When I purchased my home I added my mom's name via a quit claim deed as we live together and I wanted her to have that security. Our home is a condo around $200,000 market value and still has mortgage around $70,000.My mom now has dementia and has qualified for Medicaid for long term care. Her income consists of only her monthly social security check around $1,100. Her health is deteriorating rapidly due to the dementia and I am unable to care for her full time as I need to keep working full time. If we wind up having to place her in a nursing home, I believe her income won't be enough to pay and we'll need for the Medicaid to make up the difference, or at least some of it. I understand that Florida does not count the home as an asset to qualify for the Medicaid but still not sure if our home will be in jeopardy if Medicaid comes back wanting reimbursement. I have POA and could conceivably take her name off the deed but I don't want to do that. Please advise.

Status: Open    Jun 20, 2016 - 07:08 AM


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Jun 20, 2016 - 01:40 PM

Generally, an applicant's primary home (subject to limitations) is not counted as an asset for Medicaid (long term care). The applicant is required to prove the home is their primary home/homestead or you have to prove that the home/homestead is yours, during the application process. The homestead property is generally exempt from (most) creditor's claim and inures to qualified beneficiaries free of claim. The State usually files a claim against the decedent's estate. If there is no probate administration, generally there is no claim. But an attorney who assist you with this planning will ensure that probate administration is not necessary after your mother passes away. There are always exceptions to the general rule and facts that change the outcome of a case. You will also need to have an attorney review the deed. There are different types of joint ownership of real property and you want to make sure the deed was done properly to avoid probate administration upon the death of one joint owner.

Jun 22, 2016 - 02:58 PM

There will be an estate claim for the amount paid on your mother's behalf if her name is still on title at the time of her passing.
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