Can my partner create a life tenancy or life estate to guarantee me a place to live out my life without affecting his Medicaid?

Estate Planning 4 views 1 answers
My partner (yes, we are a GAY couple) wishes to guarantee that I can continue living in his home (he co-owns with his mother) upon his passing. He has been disabled and on SSI & Medicaid since 2006. Due to his deteriorating conditions, I have been his paid caretaker through the Medicaid Aged & Disabled Waiver program for the past four years. I have no desire to deprive Medicaid of recovering expenses from his estate. We just wish to delay the recovery to give me a place to live. Is there any legal way we can do this?

Attorney Answer

1
Kevin Davidson ·
Protection of assets from Medicaid estate recovery is an area with limited options after the need for assistance. You will want to consult an attorney with experience elder law or medicaid eligibility to determine if any resources can still be protected. Generally, there are exemptions only for a non-institutionalized spouse. Whether an argument can be made to extend those exemptions to a domestic partner may be dependent on whether you can find an attorney willing to fight for the issue and challenge the State's actions. Other options would involve determining how to financially work around the recovery, if possible. Medicaid is not interested in throwing anyone out of a house and is not interested in owning the home - it is only the value to repay the assistance that they are interested in collecting. If the home is otherwise free of liens, a mortgage against the home, with the proceeeds going to the State would allow you to stay, albeit with the expense of mortgage payments.
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