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My husband died 9/18/14 in a care center in Mn on Medicaid 18 months. I'm the spouse living in our home. My name is on the house title but am wondering if Estate Recovery will come into play here.

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Just a note about the upper right-hand corner, many people (like me) are using smart phone and hardly any of the desktop features are available in phone format. But yes, she should check with MN DHS and request a written response to have something in writing, just in case.
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Previously I had a question about Medicaid Estate Recovery. I reached the contact person at Minnesota Department of Human. Services. Benefit Recovery Section and I can sell my house and rent an apartment or do whatever I wish to do , even moving out of state if I so choose. No recovery can be made until I am deceased.
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caroljean2, awesome! Thanks for sharing that. I'm in Minnesota, too.
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jeannegibbs...I am very happy to have gotten the correct answer to this nagging concern of mine. I said, "could I even move to Florida?" and he said, "only if you take me with". Glad I could be of some help.
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I think that you will need to ask the MN Medicaid people directly.

You can do a search about estate recovery and medicaid in the search site box in the upper right hand corner of this page.

Let us know what you learn. I'm sure what you learn will benefit someone else.
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Here here from another MN momma.
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CarolJean - the MN approach is interesting (that recovery can be done on surviving spouse after her death). I think it would be a nightmare to enforce for a younger surviving spouse. If you moved to another state, then whose laws trump whose? How would your heirs be able to deal with competing probate? What if spouse remarries?

You would be best to never buy any real property ever in your name. Never Ever. Instead LLC, corporation, trust, just anything that is its own legal entity. You would have to be cautious with prenuptial if you remarry as it places new hubs & his heirs with legal issues.

This just shows how important state laws are in all this. Attorneys likely needed fir heirs to be successful.

TX does a "Release of Claim" form, so no lingering issues. Form is the same whether its a release due to spouse, low income heir exemption,caregiver or other hardship. Release is going to be as important as Release of Deed of Trust document for being able to sell a property with clear title.
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Samara is spot-on, you should ask for something in writing.
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I did ask the contact person at Minnesota Medicaid Estate Recovery for something in writing and he said, if there ever is a problem, have them call me. I do have his name and number. I plan on selling my house this spring so I will own no real estate as I will be renting. At age 81, that appears to be my best option. I can use the money on myself any way I choose. I don't plan to move out of state. Our state law says they cannot impoverish the surviving spouse.
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But what did you agree to at the time, your husband started receiving Medicaid payments? My friends had to sell the farm, after their father's death (IL). His spouse had ALZ. and had been on medicaid.
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