Many New York homeowners worry that Medicaid will take their house to pay for long-term care. While Medicaid estate recovery is real, there are ways to protect your home.

What Is Medicaid Estate Recovery?

If you receive Medicaid for long-term care after age 55, the state can try to recover those costs from your estate after you die. This may include your primary residence.

medicaid estate recovery checklist

When Is the Home Exempt?

During your lifetime, your home is exempt if:

  • You live in it
  • Your spouse or disabled child lives there
  • You're making a good faith effort to return home from care

What Happens After You Die?

If your home is still part of your estate after your death, it may be subject to recovery—unless you’ve planned ahead.

How to Protect Your Home

  • Create a Medicaid Asset Protection Trust (MAPT)
  • Transfer the deed with a retained life estate
  • Use strategic gifting before the 5-year look-back period

Talk to a Brooklyn Medicaid Planning Lawyer

Protecting your home from Medicaid requires precise legal strategies. We’re here to help.

Schedule a consultation or call (718) 233-2903.

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Ted Alatsas
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Trusted Brooklyn, New York Family Law Attorney helping NY residents with Elder Law and Asset Protection
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