Did You Know?
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
- 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.