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  1. #1

    Default Estate Recovery for Medicaid

    My question involves estate proceedings in the state of: California

    Hi all,

    my apologies if this is not in the correct thread.

    i am a bit confused here about this whole "estate recovery act". Basically i am reading articles where they mention if any of my parents are currently in a nursing home and receiving medical/medicaid then they are subject to this recovery act. below is my situation and questions:

    Situation: both of my parents own their primary home, and that is the only property they have. Because they are not able to pay for this just on their own i have been helping them since my dad retired 3-4 years ago. (i pay the mortgage and utilities). my dad is the only person who is receiving government health aid.. medical/medicaid. (dad is 64 years old)

    1. is this primary home in anyway considered in this recovery act? even though neither of my parents are in a nursing home?
    2. are they able to transfer the home to my name without a sale?
    3. what is the best route to take in regard to avoiding any tax penalties?

  2. #2
    Join Date
    Sep 2010

    Default Re: Estate Recovery

    After they die, if they receive certain medi-cal benefits, the state can recover from the estate. Info here:

    If they transfer to you other than a FMV sale, you can screw their eligibility for benefits.

    There are no "tax penalties." The feds require the state to recover the costs of certain benefits paid.

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