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⭒ CANHR Advocate Did You Know Articles

Medi-Cal Estate Claims

Did You Know….?

  • That you could end up with a Medi-Cal estate claim on your home if you receive Medi-Cal anytime after the age of 55 and you leave property in your estate when you die. This is true whether you are in a nursing home or at home receiving IHSS.
  • That a living trust, joint tenancy or tenancy in common does not protect your home from an estate claim.
  • That you have the right to transfer your home to anyone, if the home is exempt at the time of transfer.
  • That the home is exempt if an “exempt” person is living in the home, such as a spouse, a minor, blind or disabled child or if a sibling with an equity interest or a son or daughter caregiver has lived there for at least one year before you entered a nursing home.
  • That the home is exempt if you marked on the Medi-Cal application “yes,” saying that you intend to return home.

Medi-Cal estate claims are very difficult to fight, as few hardship waivers are granted. If you take steps to protect your property during life, there will be no estate claim. While it is not always wise to transfer your home outright, there are a number of steps you can take to protect your property from an estate claim. Call the CANHR office for more information. Always see an attorney with experience in Medi-Cal and Long Term Care before you transfer property.