Can The State Take My Home If I Die After Having Been on Medi-Cal?

Elder Law Workshop: April 11th  from 3:00 to 4:30 p.m. in Walnut Creek, CA

One of the most frequently asked questions I receive as an elder law attorney in Walnut Creek, CA is, “Can the State of California take my home if I die after having been on Medi-Cal?”

The state will not actually take your home. But your home, if it is in your estate when you die, can be subject to a claim by the state after your death for the amounts the state has paid for your care. This claim will be paid when your property is sold from your estate. The state can only recover for the amounts they have actually paid for your care. Presently the amount they can recover is $7,092 per month, minus the share of cost that you have contributed to a nursing home. This amount of course would be less than what you would have paid as a private pay patient in a nursing home.

Written Michael J. Young,, elder law attorney in Walnut Creek, CA. 1931 San Miguel Dr., Suite 220, Walnut Creek, CA 94596. 925-256-0298.

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