21 May How much of my home will Medicaid take after I die?

Q. My spouse passed away and my income changed substantially which caused me to go on Medicaid. I own a home. What is the percentage or amount that Medicaid would try to recover from the sale of my home?
— Concerned

A. It’s smart to understand how Medicaid works.

It’s also smart to understand what happens to your assets if you die.

Under federal and New Jersey law, the New Jersey Division of Medical Assistance and Health Services (DMAHS) is required to recover funds from the estates of Medicaid recipients or former Medicaid recipients who received services on or after age 55 if there is no surviving spouse, no surviving child under 21 years old and no surviving child who is blind or totally and permanently disabled, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park.

“The recovery amount claimed by DMAHS will be equal to all Medicaid payments made for services received on or after age 55, including any capitation payments made to a Medicaid health plan,” she said. “It is not based on percentages.”

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This story was originally published in May 2024.

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