Legal Question in Wills and Trusts in Florida

re: Medicaid Liens?

Do I need to worry about any medicaid liens if I am 1/2 owner with right to survivorship since 2002 on my/my father's condo in South Florida, if he should need to go to an ALF or nursing home in the future? I have always lived in NYC - my father is the tenant, but has Alzheimers. I already have durable power of attorney and my mother passed away in January 2008. Condo is worth approx. $75-$90K.


Asked on 6/25/08, 4:02 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: re: Medicaid Liens?

Preliminarily, at worst, if there were a lien, it might only apply to your father's interest, not yours. However, you do not say when you were put into title, how or by whom, or if you were in title from the time of original acquisition? This could impact on my reply, if this was done recently, based upon the Medicaid look-back rules. There is also the possibility, that should be checked with a Florida real estate attonrey, as to whether or not the property has been declared "homestead" by your father and, if so, how Florida's "homestead law" is impacted by Medicaid. While very protective of its residents, I do not know the interaction of Florida's homestead laws and Medicaid.

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Answered on 6/26/08, 1:38 pm


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