Will The State Of Florida Take My Home?
Gainesville elder and special needs attorney discusses if the State of Florida can take your home from you.
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“As far as the state of Florida taking your home for Medicaid’s purposes, homestead is an exempt asset so Medicaid doesn’t count it against you when you’re getting qualified for Medicaid. On your death, homestead in Florida is protected by the Florida Constitution. There’s actually a provision in there that says ‘homestead property is devised to your lineal descendants’ so your spouse, your children, your grandchildren, there’s a specific set of individuals you can leave the home to. If you leave it to that protected set of individuals, then Medicaid cannot force the sale of that home and cannot be forced to be paid back from the proceeds of that home.
There are other individuals that if you leave it to … if you leave it to your best friend, they’re not in a protected class. That could cause your home to lose its protected homestead nature, and at that point Medicaid could have a lien on it. Again, with proper planning, the home can pass to your children and the people in this protected class without Medicaid having a lien on it and without them taking your home.”