11/03/2026
The state cannot take your home while your spouse is living in it, and federal law says so.
Several readers asked about the lien and the bill after a parent's nursing-home stay on Medicaid, so this card lays out the program as the statute writes it.
For anyone 55 or older who received nursing-home care or home-based care through Medicaid, the state is required to seek repayment from the estate after death. The amount is what Medicaid paid. It comes from assets owned at death, never from the children's own money.
Four things stop or delay it. A surviving spouse: nothing is collected until after the spouse's death. A child under 21, or a child of any age who is blind or disabled: nothing is collected while that child lives. A protected person living in a home the state has a lien on: a sibling with an ownership share who lived there a year before the nursing home, or a child who lived there two years and provided the care that kept the parent at home. And undue hardship: every state must have a waiver process, and the heirs have to ask for it.
What counts as the estate is where states differ. Every state can reach the probate estate. Some states also reach property held jointly, life estates, and assets in a living trust, because federal law lets each state choose. A reader asked whether a transfer-on-death deed protects a house. In some states it does; in states that use the expanded definition it may not. That is a question for your state Medicaid agency or an elder-law attorney before the first Medicaid application, not after.
Liens during life: a state may put a lien on the home of someone permanently in a nursing home, but not while a spouse, a child under 21, a blind or disabled child, or a sibling with an equity interest lives there, and the lien must be released if the person comes home.
The claim comes after the death, through the estate. The time to learn your state's rules is before the first application.
R.J. Weiss, CFP®
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