Are you concerned that using Medicaid benefits might jeopardize your ability to leave your home to your children? At Jarvis Law Office, we understand your worries. Protecting seniors and
their families is our top priority. We’ve helped countless Ohio seniors safeguard what’s most important to them, and we’re here to help you too. Read on to discover some strategies to prevent Medicaid from taking your house in Ohio. Then, contact our elder law firm at (740) 639-5303 for a free consultation.
How Medicaid Estate Recovery Works
When Medicaid pays for your long-term care, the state will try to recover these costs after your death through a process called estate recovery. This can involve placing a lien on your home, potentially recovering the proceeds from its sale to repay your care costs. However, with careful planning and the help of a Medicaid attorney, you can protect your home from estate recovery.
Strategies to Protect Your Home
Community Spouse Protection
If your spouse continues to live in your home, they are considered a “community spouse.” This means they can maintain homeownership after your death without immediate interference from Medicaid. However, the state might seek recovery after your spouse passes away or requires long-term care.
Non-Probate Assets in Ohio
Ohio’s Estate Recovery rules are broader than in many states, encompassing assets that do not go through probate. This means traditional strategies to avoid estate recovery might not be effective in Ohio. However, there are still ways to protect your home, especially if a family member is involved in your care.
Caregiver Child and Sibling Exceptions
Your home might be protected if a child has lived with you and provided care that delayed your need for a nursing home for at least two years, or if a sibling has an ownership interest in the home. A Medicaid planning attorney can help determine if you qualify for these exceptions.
Intent to Return Home
If you plan to return home after a temporary nursing home stay, you can sign a sworn statement of intent. This can exempt your home from being considered a countable resource, as long as there is a reasonable chance you will return. However, this strategy does not prevent estate recovery if you pass away while owning the home and Medicaid has paid for your care.
Life Estates
Setting up a life estate allows you to retain an interest in your property for the rest of your life, while designating another owner who will take possession after you pass away. This can protect the home from Medicaid recovery, as the property transfers to the other owner upon your death. It’s important to establish a life estate at least five years before needing Medicaid to avoid penalties.
Trusts
Placing your home in an irrevocable trust can shield it from estate recovery. Once in the trust, the home must stay there until a designated time, such as after your death. While this can be an effective strategy, it requires specific legal language to be valid. Working with a Medicaid lawyer ensures your trust meets all necessary criteria.
Let Us Help Protect Your Home!
Contact A Qualified Ohio Medicaid Attorney
You’ve worked hard to acquire your assets and property. You shouldn’t have to give them up to cover long-term care costs. At Jarvis Law Office, we’ve assisted numerous clients across Ohio in protecting their homes and other assets from estate recovery while maintaining Medicaid eligibility. We can create a personalized Medicaid planning strategy based on your unique needs.
Contact us at Jarvis Law Office today at (740) 639-5303, or fill out our online form to schedule your free consultation with a Medicaid attorney.
About The Author
Jonathan E. Corra is the Marketing Manager for Jarvis Law office. He holds a Master’s in Corporate Communication from West Virginia University, as well as an RBA from West Virginia University at Parkersburg. Jonathan has over 15 years of experience in Marketing, including nearly a decade in Legal Marketing. Having faced the profound challenges of caregiving for both of his parents, Jonathan brings a deeply personal understanding to his work at Jarvis Law Office. He is passionate about Estate Planning, Asset Protection, and Care Navigation, and is dedicated to helping families navigate the complexities of long-term care with compassion and knowledge.
In addition to his professional accomplishments, Jonathan is known for his empathetic and understanding nature. His work is not just a career but a calling, driven by a desire to make a difference in the lives of others. Through his legal knowledge and personal insights, Jonathan strives to offer the support and peace of mind that every family deserves.
Published July 20th, 2024
