MassHealth regulations describe a home as a “non-countable” asset. This is a confusing label. Although MassHealth does not count your home in determining eligibility, this does not mean that the house is protected: far from it. MassHealth will not force you to sell your house to obtain eligibility. However, if the house is in your sole name (part of your so called “probate estate) at your death, the State will have a claim against the house and will either use a Medicaid lien or its powers of estate recovery to seek reimbursement against the house. For this reason, its important to meet with a Cohen & Oalican asset protection attorney to protect your home before you apply.
This is fourth in a series of questions and answers regarding your legal rights dealing with MassHealth, Medicaid. Thank you for putting your trust in our Elder Law legal practice, Cohen & Oalican, LLP
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