Do We Have to Report Home to Medicaid Estate Recovery?

We cannot answer your question with certainty because we do not practice in Pennsylvania and haven’t seen the questionnaire. That said, we don’t think you have to report the house.

A state’s right to recover its Medicaid expenses paid out on behalf of someone who has died only extends to that individual’s own property, not to his spouse's. And it only applies to the property he owned at death, not to what he owned when he entered the nursing home. Since under the Medicaid rules, there are no restrictions on transferring property between spouses, that change does not need to be reported now. In short, if Pennsylvania is like most (or all?) states, you don’t need to report the house.

A Pennsylvania elder law attorney could confirm this. Find an attorney near you today.