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If I sell my property to a corporation can Medicaid sell it?

If property is sold by someone on Medicaid to a corporation can the state sell the property to recover Medicaid expenses; thereby leaving the corporation without recourse?
Status: Open    Dec 02, 2016 - 11:44 AM

Elder Law > Estate Planning, Medicare/Medicaid

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Dec 07, 2016 - 08:34 AM

Medicaid does not sell property. If the person is receiving Medicaid now the property must have been exempt or listed for sale. if the property was listed on the Medicaid application and received a waiver for good-faith effort to sell, a lien was placed on the property. The money from the sale will first go to cover the lien. The property must be sold for fair market value which is the tax assessor's value or sometimes a private appraisal will work. To whom the property is sold does not matter.

Dec 07, 2016 - 10:20 AM

I might need more information to more completely answer your question, but typically if property is sold in a "bona fide" transaction for a fair market value, then no, Medicaid would not be able to seek any recovery from the property itself. The reason is that the seller of the property (and presumably the Medicaid recipient) received assets in exchange for the property. These assets would be subject to the qualification rules for Medicaid (and could be used to satisfy estate recovery). Please feel free to post your question again with additional details.
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