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  6.  » Can Medicaid Take My House When I Die?

Can Medicaid Take My House When I Die?

The Medicaid program has the ability to place a claim on a recipient’s probate estate under the Medicaid Estate Recovery Program (MERP). This includes laying a claim for reimbursement from the recipient’s homestead property after he or she passes away. However, a vital limitation to this power is that Medicaid is limited only to the recipient’s probate estate. Therefore, if the home is transferred to the recipient’s heirs outside of probate, Medicaid will be prevented from laying a claim against it.