Skip to main content

Medicaid Estate Recovery: Can They Take the House?

When someone who received Medicaid long-term care dies, federal law requires the state to seek repayment from their estate. What the state can reach, and who is protected, varies a lot by state. Use the selector to open the guide for your state.

Start with your state

Each state sets its own recovery scope, exemptions, and hardship rules under the federal framework. Pick your state to see what is recovered, who is protected, and how to ask for relief.

What estate recovery is

Medicaid estate recovery is the process states use to recoup what they paid for a person's long-term care, and in some states other Medicaid services, after that person dies. It applies to care received at age 55 or older, and to people who were permanently institutionalized. The state files a claim against the estate, and the family handles it as part of settling the estate.

Probate-only vs expanded recovery

The single biggest difference between states is what counts as the estate. Most states recover only from the probate estate, which leaves assets that pass outside probate (joint property, life estates, living trusts, and transfer-on-death accounts) out of reach. A minority of states use an expanded definition that can reach some of those assets. Your state guide says which rule applies and cites the statute.

Frequently Asked Questions

What is Medicaid estate recovery?
Federal law requires every state to try to recover what Medicaid paid for long-term care (and, in some states, other services) for people who received that care at age 55 or older. After the person dies, the state files a claim against the estate. The details, including what counts as the estate, are set by each state.
Can Medicaid take the house?
Sometimes, but often not while certain people survive. A surviving spouse, a child under 21, or a blind or disabled child generally blocks or delays recovery. Whether the home is reachable also depends on how it is titled and whether the state recovers only from the probate estate. The state guide explains the local rule.
Do all states recover from non-probate assets?
No. Many states recover only from the probate estate, so assets that pass outside probate (joint property, life estates, living trusts, and transfer-on-death accounts) are out of reach. A minority of states use an expanded estate definition that reaches some of those assets. Check your state guide.
Is there a way to avoid or reduce recovery?
States offer an undue-hardship waiver in defined situations, and exemptions protect certain survivors and modest homesteads. Planning options exist but are state-specific and time-sensitive. This is general information, not legal advice; an elder-law attorney can advise on your situation.

Information current as of June 28, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.