Legal Question in Elder Law in Michigan

Does medicaid consider it to be an asset transfer of real property owned by a senior citizen if the property was foreclosed and title was forfeited to the county taxing authority for non-payment of property taxes owed on the property? i do not believe this would be considered an asset transfer because no monetary compensation was received by the transferor nor was it a voluntary transfer of an asset.

Asked on 11/19/09, 3:54 pm

1 Answer from Attorneys

Sanford Mall, JD, CELA Mall Malisow & Cooney, PC

A forfeiture and loss of property due to tax liens is not a divestment for Medicaid purposes. Therefore, the Medicaid agency should not impose any penalty or any period of ineligibility.

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Answered on 11/25/09, 8:50 am

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