Central Jersey Legal Services is a nonprofit law firm that provides free legal assistance to low-income residents of Mercer, Middlesex, and Union Counties.

Central Jersey Legal Services is a nonprofit law firm that provides free legal assistance to low-income residents of Mercer, Middlesex, and Union Counties.

Can Medicaid Take My Home? Understanding Medicaid Estate Recovery

by CJLS | Jun 22, 2022 | Medicaid

Hardship Stay of Eviction: The Worst Named Law in Housing

Are you thinking about applying for Medicaid but you heard that your home could be taken away?

Are you a Medicaid recipient worried that your home may be at risk?

It is possible for Medicaid to place a claim on your home, but not while you are alive.

This is called estate recovery.

Medicaid estate recovery does not apply to all Medicaid recipients, but it does apply to some.

What is Medicaid Estate Recovery?

Medicaid estate recovery is a law that requires Medicaid to recover funds from the estates of certain deceased Medicaid beneficiaries for all payments provided by Medicaid program services.

Who does it apply to?

This law applies to anyone who is age 55 or older when receiving Medicaid benefits.

How does estate recovery work?

When a Medicaid beneficiary dies, Medicaid will seek immediate recovery from the beneficiary’s estate.
The estate includes any assets and property that belonged to the deceased at the time of death.
This includes assets such as a home, saving account, and stocks and bonds.

Even though the deceased’s property may go to their heirs, Medicaid Estate Recovery applies before property is transferred to heirs.
This means that even if a person has a will, Medicaid Estate Recovery still applies even to those items covered in your will.
However, if a person has no assets whatsoever, Medicaid cannot recover.
Medicaid cannot seek to have their heirs repay them when a person does not have an estate.

So what about my home?

If Medicaid Estate Recovery applies to you, Medicaid can file a lien against your property.

However, Medicaid will not immediately seek to do so if:

  1. The deceased beneficiary has a surviving spouse; or
  2. A surviving child under the age of 21; or
  3. A surviving child that is blind or permanently and totally disabled based on Social Security standards; or
  4. A family member of the deceased who resided in the home prior to the beneficiary’s death continues to reside in the home at the time of the beneficiary’s death. (This applies only to the beneficiary’s primary home).
    If these circumstances are present, Medicaid will postpone recovery until the exception no longer applies—such as a child reaching the age of 21 or the passing of the surviving spouse.

So what do I do?

If you are receiving Medicaid and you are concerned about estate recovery, or if you are considering applying for Medicaid but would like to know what to do regarding estate recovery, seek out professional legal advice to address your specific circumstances.

We here at Central Jersey Legal Services, Inc. offer advice and assistance with Medicaid matters for our clients. We are happy to provide you with advice on your specific situation.

For more information or for further assistance, please contact Central Jersey Legal Services.

Mercer County: (609) 695-6249
Middlesex County: (732) 249-7600
Union County: (908) 354-4340

 

Follow Us

Apply now for Legal Help at Central jersey Legal Service.

Recent Posts

Responding to a Credit Card Debt Lawsuit

Responding to a Credit Card Debt Lawsuit 回應信用卡債務訴訟

您是否曾因為收到債權人的訴訟文件,不知道該如何回應或沒有在時限內回應,而導致薪水被扣留,銀行賬戶被徵用或您的資產被設定留置權?  本文讓您了解您有什麼選擇以及如何與收債人談判。 忽視信用卡債務訴訟可能會導致嚴重的財務後果。一旦您收到“起訴書”(Complaint),您有 35...

read more...
Comments Box SVG iconsUsed for the like, share, comment, and reaction icons

Facebook Posts

Central Jersey Legal Services congratulates Leslie Chappo, Esq., on receiving the Mercer County Bar Association's Harry P. O'Malley Award. Leslie’s dedication to equal access to justice and advocacy for people who might otherwise go without legal representation has touched countless lives. Congratulations on this well-deserved honor!

Pictured: Leslie Chappo, Esq., with CJLS Deputy Director Dan Rubin, Esq.

#CentralJerseyLegalServices #CJLS #LeslieChappo #HarryPOMalleyAward #AccessToJustice #EqualJustice #LegalAid #MercerCountyBarAssociation #CommunityAdvocacy
... See MoreSee Less

Central Jersey Legal Services congratulates Leslie Chappo, Esq., on receiving the Mercer County Bar Associations Harry P. OMalley Award. Leslie’s dedication to equal access to justice and advocacy for people who might otherwise go without legal representation has touched countless lives. Congratulations on this well-deserved honor!

Pictured: Leslie Chappo, Esq., with CJLS Deputy Director Dan Rubin, Esq.

#CentralJerseyLegalServices #CJLS #LeslieChappo #HarryPOMalleyAward #AccessToJustice #EqualJustice #LegalAid #MercerCountyBarAssociation #CommunityAdvocacy

3 CommentsComment on Facebook

Leslie, congratulations! You deserve to be honored for all of your hard work throughout your career and the difference you have made in the lives of your clients

Well deserved Leslie.

Congrats to Leslie on this well-deserved honor!

Central Jersey Legal Services was proud to participate in the 2026 Senior Health & Fitness Walk on Wednesday, September 23, hosted by the Middlesex County Office of Aging & Disabled Services. Staff attorney Jose Roman shared elder law information and helped attendees learn about the free legal services CJLS offers to older adults and people with disabilities in our community.

#CentralJerseyLegalServices #CJLS #SeniorHealthAndFitnessWalk #ElderLaw #LegalAid #OlderAdults #DisabilityServices #MiddlesexCountyNJ
... See MoreSee Less

Central Jersey Legal Services was proud to participate in the 2026 Senior Health & Fitness Walk on Wednesday, September 23, hosted by the Middlesex County Office of Aging & Disabled Services. Staff attorney Jose Roman shared elder law information and helped attendees learn about the free legal services CJLS offers to older adults and people with disabilities in our community.

#CentralJerseyLegalServices #CJLS #SeniorHealthAndFitnessWalk #ElderLaw #LegalAid #OlderAdults #DisabilityServices #MiddlesexCountyNJ
Load more

Related Posts:

Connect with a Larger Community

CJLS provides a variety employment prospects for both legal and non-legal professionals.

Acquire meaningful experience while providing quality services to CJLS clients.

Help CJLS provide equal access to justice for low-income families.

Check out our Newsletter and stay informed on how CJLS is helping your community.