Legal Question in Elder Law in Florida

home owned by two peoople

I own a home with my companion and he is in an assisted living home now and heading for nursing home before long. When he runs out of money and applies for Medicaid, will they take his half of our home? How about my share....will they try to take that or make me sell. If we sold it before he has to ask for medicaid would that make a difference?


Asked on 1/29/09, 4:28 pm

1 Answer from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: home owned by two peoople

In Florida, a person may own a home and still be eligible for Medicaid. Upon death, Medicaid may file a claim against the probate estate for the monies they paid out. If the home passes to blood relatives, or if it passes automatically to a co-owner because they own it as joint tenants with right of survivorship, Medicaid does not have to be repaid, and the house is free of any claim by them. Selling it now would just mean he has money which would have to be spent down to $2000 before he could qualify for Medicaif.

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Answered on 1/29/09, 4:43 pm


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