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Dear Junah · Scenario

Retirement · Mindset

Mom's nursing home costs $9,600 a month. Will Medicaid take her house?

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Dear Junah,

Mom needs a nursing home now, and it's $9,600 a month. Medicare only covered her rehab. Her savings will last a year. My brother says Medicaid will take her house. Is that true?

Bracing in Rochester

My dear, Medicaid may seek repayment from her estate, but rules vary by state and protections exist. Do not rush to gift the house. An elder law attorney can map it out.

Warm wishes, Junah

The short answer

Not while she is alive, in most cases. A home can often be kept while she qualifies for Medicaid, and New York's 2026 home equity limit is $1,130,000. After her death, the state can claim against her estate, though not while a spouse, a child under 21 or a blind or disabled child survives. Gifting the house now can trigger a penalty, so see an elder law attorney first.

By Junah Mpofu

More than 33 years in banking, including mortgage and credit lending, and a real estate portfolio of her own

Last reviewed

The question

Dear Junah,

Mom needs a nursing home now, and it's $9,600 a month. Medicare only covered her rehab. Her savings will last a year. My brother says Medicaid will take her house. Is that true?

Bracing in Rochester

An illustrative letter.

The answer

My dear, watching a parent move into a nursing home is grief enough. Doing it while the bills mount and a brother warns about losing the family home is a great deal to carry. Let us put some facts on the table, because the truth is more hopeful, and more complicated, than the warning you heard.

Why did Medicare stop paying?

Medicare covers skilled nursing care for a limited time after a qualifying hospital stay, up to 100 days, with a daily charge after day 20. In 2026, that charge is $217 a day. It does not cover long-term care for someone who needs help with daily living. That is why the rehab was covered and the nursing home is not. The national median for a shared nursing home room was about $9,580 a month in 2025, so your mother's bill is sadly typical.

Will Medicaid really take her house?

Not in the way most people fear. Medicaid does not seize a home while the owner is alive. To qualify, your mother must have very little in savings, but a home can often be treated as exempt, for example if she intends to return to it or if certain relatives live there. In New York, the home equity limit for nursing home Medicaid in 2026 is $1,130,000, so for most families the house itself does not stand in the way of eligibility.

Once on Medicaid, she would contribute most of her own monthly income toward her care, keeping a small allowance, and Medicaid would pay the rest.

What happens to the house after she dies?

This is where your brother has a point. Federal law requires states to seek repayment of nursing home costs from the estates of people who received that care at 55 or older. In New York, the state can make a claim against her estate after her death. But it cannot do so while she has a surviving spouse, a child under 21, or a child of any age who is blind or disabled. States must also have a process to waive recovery when it would cause undue hardship.

Can we just put the house in our names now?

Please do not, at least not yet. Medicaid looks back five years at any gifts or transfers made before someone applies for nursing home coverage. Giving away the house, or selling it to family for less than it is worth, can create a penalty period during which Medicaid will not pay for her care at all. Families who act on fear sometimes end up with the house and a nursing home bill they cannot pay.

There are exceptions written into federal law. A home can be transferred without penalty to a son or daughter who lived there for at least two years before the parent entered the nursing home and whose care kept the parent at home during that time. Transfers to a spouse, or to a child who is under 21, blind or disabled, are also allowed. Whether any of these fit your family is exactly the question for an attorney.

What can we do now that is safe?

  • Pay for her care from her savings, as you are doing. Spending her money on her own care is never a problem.
  • Gather five years of records: bank statements, investment accounts and the deed. A Medicaid application will ask for them.
  • Make sure the paperwork is in order. If she can still sign, a power of attorney and health care proxy let someone act for her. If she cannot, a lawyer can explain the options.
  • Ask the nursing home's social worker when to apply. Many families begin the application a few months before her savings run out.

Who should we talk to?

An elder law attorney who practices in New York. Medicaid planning depends on state rules, the family's situation and timing, and a good attorney can tell you what is protected, what is not, and what your choices are. Your county's Department of Social Services handles the application itself. A single consultation now can save years of regret.

How do I talk to my brother about it?

Gently, and with the facts. He is likely frightened too, and fear often comes out as certainty. You might say: "I looked into it. Medicaid does not take the house while Mom is alive, and there are rules about what happens after. Giving it away now could cost her the care she needs. Let us see a lawyer together." Going together means you both hear the same answers.

Your mother spent a lifetime building that home and caring for you both. Now it is your turn to care for her well, with clear heads and good counsel. The house matters. She matters more, and with careful planning, you may not have to choose.

Before anyone signs over the house

  • Make no gifts or transfers yet

    Medicaid looks back 60 months at anything given away or sold below value.

  • Keep paying her care from her savings

    Spending her money on her own care is always allowed.

  • Gather five years of records

    Bank and investment statements, the deed and any insurance policies.

  • Check the exceptions

    A caregiver child who lived there two years, a spouse, or a child under 21, blind or disabled.

  • Book a New York elder law attorney

    Ask what is protected, what is not, and when to apply.

  • Put powers of attorney in place

    A financial power of attorney and health care proxy, if she can still sign.

  • Ask the social worker about timing

    Many families apply a few months before savings run out.

  • Meet with your brother and the attorney together

    Hearing the same answers settles the worry for both of you.

Questions people ask

Can Medicaid take my parent's house while they are alive?

Medicaid does not seize a home while the owner is living. A home can often be exempt when determining eligibility, for example if the person intends to return or certain relatives live there, and New York's 2026 home equity limit for nursing home coverage is $1,130,000. The bigger question is estate recovery after death, which follows separate rules.

What is the Medicaid five-year look-back?

When someone applies for Medicaid nursing home coverage, the state reviews gifts and transfers made in the 60 months before the application. Assets given away or sold for less than fair value during that time can create a penalty period during which Medicaid will not pay for nursing home care. Certain transfers, such as to a spouse or a qualifying caregiver child, are exempt.

Does Medicare pay for long-term nursing home care?

No. Medicare covers skilled nursing facility care for up to 100 days after a qualifying hospital stay, with a daily coinsurance after day 20, which is $217 a day in 2026. It does not cover long-term custodial care, such as help with bathing, dressing and eating. Most long-term nursing home stays are paid privately, by long-term care insurance or by Medicaid.

When can Medicaid recover costs from an estate in New York?

After the death of someone who received Medicaid-paid nursing home care at 55 or older, New York can seek repayment from their estate. Recovery is not allowed while there is a surviving spouse, a surviving child under 21, or a surviving child who is certified blind or disabled. Hardship waivers are also available in some cases.

Three things to take away

  1. Medicaid does not take a home while its owner is alive; recovery comes after.
  2. Gifting the house within five years of applying can block Medicaid from paying.
  3. Exceptions exist, including for a caregiver child; ask a New York elder law attorney.

One thing to do this week

Gather five years of your mother's bank statements and the deed, and book a consultation with a New York elder law attorney.

Keep going

An illustrative scenario for education, not personal financial, tax, legal or investment advice. Your situation will differ. About these scenarios