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When Medicaid Can — and Can’t — Go After Your Home

Michael L. RutkowskiFebruary 3, 2026

Few topics cause more confusion — or anxiety — than Medicaidand your home.

Many families hear “Medicaid won’t take your house” and assume they’re safe. Others hear the opposite and panic, believing they must give everything up to get care.
The truth lies in the difference between Medicaid eligibility and estate recovery — and that distinction matters more than most people realize.

Let’s break it down.

Medicaid Eligibility vs. Estate Recovery: Two Very Different Rules

One of the biggest misunderstandings we see is assuming that Medicaid approval equals permanent protection.

It doesn’t.

Medicaid Eligibility

Eligibility rules apply while you are alive and applying for benefits.

In Michigan:

  • Medicaid looks at your income and countable assets
  • Your primary residence is often excluded as a non-countable asset
  • This means you may qualify for Medicaid even if you own a home

This is why many people are approved for long-term care Medicaid without having to sell their house.

Estate Recovery

Estate recovery happens after death.

Once a Medicaid recipient passes away, the state is required to seek repayment for certain benefits paid — typically long-term care — from the person’s estate.
That can include:

  • The home
  • Bank accounts
  • Other assets sare till in the estate

This is where families are often caught off guard.

When Your Home Is Protected During Your Lifetime

While you are alive, your home is often protected if:

  • It is your primary residence
  • You intend to return home (even if you’re in a nursing facility)
  • The home equity is within Michigan’s allowed limits

In these cases, Medicaid cannot force you to sell your home to qualify for benefits.

This protection allows many people to:

  • Receive care
  • Preserve stability
  • Avoid immediate financial disruption

But this protection is not automatic or permanent.

What Changes After Death

After death, the rules shift.

If no planning has been done:

  • Medicaid may file an estate recovery claim
  • The claim is typically satisfied before heirs receive assets
  • The home may need to be sold to pay the claim

Families often tell us:

“We thought the house was protected because Medicaid approved them.”

That’s the misconception.

Eligibility rules protect the home during life. Estate recovery rules apply after death.

Why Planning Ahead Matters

The good news?
Estate recovery is not always unavoidable — but timing is critical.

Proper planning can:

  • Reduce or eliminate estate recovery exposure
  • Protect a home for a spouse or family
  • Avoid last-minute crises after a loved one passes

The key is understanding both sides of the Medicaid equation:

  • What qualifies you today
  • What happens tomorrow

The Bottom Line

Medicaid doesn’t “take your house” when you apply — but that doesn’t mean your home is automatically safe forever.

Knowing the difference between Medicaid eligibility and estate recovery gives you clarity, control, and options.

If you’re planning for long-term care or helping a loved one navigate Medicaid, understanding this distinction early can make all the difference.


Estate Planning Guide

Estate Planning is an essential process that will protect your assets and ensure you’re your estate is distributed according to your wishes after your death.

Many people make mistakes when creating their estate plan, which can lead to unnecessary stress, confusion, and costly legal battles for their loved ones. Below, our estate planning team put together the top 10 and most common mistakes we see in estate planning.

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Screenshot of Top 10 Estate Planning Mistakes