Questions & answers · Long-term care insurance
Can Medicaid take my parent's house after they die (estate recovery)?
Long-term care insuranceAfter paymentChecked Nov 6, 2026
From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: GovInfo · U.S. Code, 2023 edition, 42 U.S.C. 1396p · § 1396p(b)(1)(B) View original ↗
In short
- States must try to get some Medicaid costs back from estates.
- This applies mainly to people 55+ for nursing home and home care costs.
- It must wait if there is a living spouse or a child under 21 or disabled.
What this means
Federal law says states must seek repayment from the estate of a person who got Medicaid at age 55 or older. This covers nursing facility care, home and community-based care, and related hospital and drug costs. A state may choose to include other Medicaid services too [1].
When it can happen: only after the death of the surviving spouse, if there is one. And only when there is no surviving child under 21, or blind or disabled [2].
What counts as the estate: at least the property that goes through probate under state law. A state may choose to count more, like property held jointly or in a living trust [3].
Hardship: every state must have a way to waive recovery when it would cause undue hardship [4].
Your next step
Read any letter from the state about estate recovery and note its response date. If a spouse is alive or a child is under 21, blind, or disabled, tell the state in writing. Ask the state how to apply for a hardship waiver. The sources give no deadline.
Check it yourself
Your state decides whether it counts non-probate property and which services it recovers — "Don't know yet" for your state. The text used here is the 2023 edition of the U.S. Code on GovInfo; later changes were not checked. Medicaid.gov returned 403 to our check.
Where this comes from (4)
[1] GovInfo · U.S. Code, 2023 edition, 42 U.S.C. 1396p · § 1396p(b)(1)(B) · checked 2026-11-06
In the case of an individual who was 55 years of age or older when the individual received such medical assistance, the State shall seek adjustment or recovery from the individual's estate, but only for medical assistance consisting of— (i) nursing facility services, home and community-based services, and related hospital and prescription drug services, or (ii) at the option of the State, any items or services under …
[2] GovInfo · U.S. Code, 2023 edition, 42 U.S.C. 1396p · § 1396p(b)(2)(A) · checked 2026-11-06
Any adjustment or recovery under paragraph (1) may be made only after the death of the individual's surviving spouse, if any, and only at a time— (A) when he has no surviving child who is under age 21, or
[3] GovInfo · U.S. Code, 2023 edition, 42 U.S.C. 1396p · § 1396p(b)(4) · checked 2026-11-06
shall include all real and personal property and other assets included within the individual's estate, as defined for purposes of State probate law; and (B) may include, at the option of the State … any other real and personal property and other assets in which the individual had any legal title or interest at the time of death (to the extent of such interest), including such assets conveyed to a survivor, heir, or a…
[4] GovInfo · U.S. Code, 2023 edition, 42 U.S.C. 1396p · § 1396p(b)(3)(A) · checked 2026-11-06
The State agency shall establish procedures (in accordance with standards specified by the Secretary) under which the agency shall waive the application of this subsection (other than paragraph (1)(C)) if such application would work an undue hardship
How we found this
We matched your question to 4 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-06.
What we don’t know yet
Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.
Every answer is checked against the official rule it quotes.
Information only — not legal advice. Your plan, insurer or agency decides.
This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.
Answer id PQ1107. Spotted an error? Tell us.