Can Medicaid Take My Assets When I Die?

If an adult person receives Medicaid benefits and then dies, Medicaid has the right to become a creditor on that person’s estate. In fact, there is an order of priority of creditors. Medicaid comes ahead of most in making its claim. Medicaid does not have any right to “exempt” assets.

One exempt asset in Florida is the constitutional homestead protection. There are specific rules that apply to the homestead. If the person meets those rules, even though Medicaid could have a claim, it cannot touch the homestead. Each person’s situation is different and so, each should have an independent review with their attorney.