QUESTION

If I have a stroke and I have to go into a nursing home can the state take my home to pay for the bills if I'm the only one one the deed

Asked on Nov 28th, 2012 on Wills and Probate - Georgia
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1 ANSWER

Personal Injury Attorney serving Fayetteville, GA at Wade Law Office
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If you are ever a recipient of Medicaid benefits to pay for nursing home care, then yes, the state is required by law to try to recover amounts paid from your estate after you die. This is called estate recovery. For this purpose, "estate" is defined more broadly than for probate purposes under Georgia law. Whether you are the only one on the deed is not the key factor, and the fact that other owner(s) are listed on the deed does not necessarily protect the house from estate recovery. In addition, simply adding people to the deed (or giving away the house altogether) can end up causing you not to be eligible for benefits when they are needed, so please do not try to accomplish self-help Medicaid planning. If you want to know what steps you may be able to take in order to preserve assets for the eventual benefit of your family while still helping ensure that you can receive Medicaid benefits for nursing home care if needed, you need to find a good elder law attorney who knows the ins and outs of Medicaid eligibility and planning. This isn't actually a Wills and Probate question - it's an elder law question.
Answered on Nov 29th, 2012 at 8:17 AM

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