Will Medicaid Estate Recovery Go After My House and Retirement Benefits?

 In Long-Term Care Planning

Question:

I am 55 years old and I have been on Medicaid for a few years. I recently read that the state of Medicaid agency can seek recovery of any medical expenses that Medicaid has paid for once I turned 55. I own a house, in joint tenancy, with my partner, and have money in retirement accounts with my partner as the beneficiary. I am worried, if I remain on Medicaid and have major medical expenses over the next ten years, that my partner will receive a greatly reduced inheritance, if I die before him. Are my assets vulnerable? Or are they protected since they don’t need to go through probate? Would it be advisable for me to seek health insurance from other means, such as the Health Connector, or find a job that includes health insurance?

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Response:

If your partner survives you, probably he will not have a problem. In most states, as you suggest, Medicaid estate recovery only applies to probate property. In those states, property that does not pass through probate, such as jointly-owned property or accounts with beneficiary designations, will not be subject to claim upon your death. (Click here to read more about the distinction between probate and non-probate property.) However, some states have so-called “expanded” estate recovery that allows a Medicaid claim against a deceased Medicaid beneficiary’s non-probate assets. Check with your state Medicaid agency or a local elder law attorney to see what property is subject to estate recovery.

Also, be aware that not all states permit beneficiaries to hold retirement accounts and receive benefits. Others have different rules before and after age 65 or for benefits while living in the community and for nursing home care. While it’s always better to have a job or to get health insurance without the potential of an estate recovery claim, that’s only one consideration in your decision.

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