If your mother is on Medicaid and owns a mobile home in Pennsylvania, you may be concerned about what happens to the home after she passes away — especially if you live there and the home is your legal residence. This is a common question for families facing long-term care and Medicaid issues.
What Is Medicaid Estate Recovery?
Medicaid estate recovery is a federal and state program that allows the state to recover the costs of long-term care paid by Medicaid from the estate of a deceased Medicaid recipient. In Pennsylvania, this program is called the Estate Recovery Program.
- When does it apply? Estate recovery only happens after the Medicaid recipient dies.
- What assets are affected? In Pennsylvania, estate recovery generally applies to assets that go through probate — meaning assets that are in the deceased person’s name alone at the time of death.
Is a Mobile Home Subject to Medicaid Estate Recovery in Pennsylvania?
Yes, a mobile home can be subject to estate recovery if it is owned solely by the Medicaid recipient at the time of death, even if it is not on land that she owns. The state can make a claim against the value of the mobile home to recover the costs of care paid by Medicaid.
- If the mobile home is in your mom’s name only: It is considered part of her estate and may be subject to estate recovery.
- If you are living in the home: Your residency does not automatically protect the home from estate recovery, but there are some important exceptions and protections.
Are There Any Exemptions or Protections?
Pennsylvania law provides certain exemptions that may protect the home from estate recovery:
- Surviving Spouse: If your mom is survived by a spouse, the state cannot recover against the home until the spouse passes away.
- Disabled or Minor Child: If your mom has a child who is under 21, blind, or disabled, the home is protected from estate recovery as long as that child is living.
- Hardship Waiver: If selling the home would cause you undue hardship (for example, if you have nowhere else to live and limited income), you can apply for a hardship waiver with the Pennsylvania Department of Human Services.
What Happens If the Home Is Subject to Estate Recovery?
If no exemption applies, the state may file a claim against your mom’s estate after her death. This could mean:
- The estate may need to sell the mobile home to pay back Medicaid.
- If you want to keep the home, you may have the option to pay the value of the state’s claim.
What Can You Do to Protect the Home?
- Review the Title: If your name is not on the title, the home will be part of your mom’s estate. Adding your name now could trigger a Medicaid penalty if not done properly, due to the five-year “lookback” period.
- Consult an Elder Law Attorney: Medicaid rules are complex, and an attorney in your area can help you explore options such as hardship waivers.
Key Takeaways
- Yes, Medicaid can seek recovery from your mom’s mobile home after her death if it is in her name only.
- There are exemptions and hardship waivers that may protect you if you qualify.
- Acting now — by gathering documentation and seeking legal advice — can help you understand your options and possibly protect your home.
If you have more questions or need help with your specific situation, consider reaching out to a Pennsylvania elder law attorney who can guide you through the process and help protect your rights and your home.
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