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⭒ CANHR Advocate Did You Know Articles

Saving the Family Home

CANHR’s Lawyer Referral Service is one of only two statewide lawyer referral services in California! CANHR has the only Lawyer Referral Service certified by the State Bar of California that specializes in long term care issues.

You can lose your family home if proper planning is not done!

  • You could end up with a Medi-Cal estate claim on your home if you receive Medi-Cal anytime after the age of 55, you’ve received Medi-Cal in a nursing home regardless of age, and you leave property in your estate when you die.
  • A living trust, joint tenancy or tenancy in common does not protect your home from an estate claim.
  • You have the right to transfer your home to anyone, if the home is exempt at the time of transfer. Note: The home is exempt if an “exempt” person is living in the home, such as a spouse, a minor, blind or disabled child (of any age), 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. Also, the home is exempt if you marked on the Medi-Cal application “Yes” you intend to return home.

Medi-Cal estate claims are very difficult to contest, 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 options you can explore 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.