Medi-Cal Estate Recovery

[jomustard]

California

My brother has been on SSI and Medi-Cal for about 9 years due to Cirrhosis of the liver. During that time I have been his IHSS care provider.
We own a house together in joint tenancy. What I would like to know is if my brother passes will Medi-cal have any claim to our home?

 

[adjusterjack]

I don't think so. See the first two lines on Page 7:

http://www.canhr.org/publications/PDFs/Medi-Cal_Recovery.pdf

Read the whole booklet as there may be other information of value to your brother's estate planning.

 

[jomustard]

It gives an example
Example 1: Mindy died after January 1, 2017. She had a home (total value of $200,000), and left it to her daughter in her will. Medi-Cal paid $50,000 for Mindy’s medical services. The state can recover $50,000. However, if Mindy had left the home in a living trust, joint tenancy, or any transfer that avoided probate, there would be no recovery

 

[adjusterjack]

The conclusion being that you and your brother own the home as joint tenants with right of survivorship. It's a non-probate asset not subject to recovery by Medi-Cal.

 

[LdiJ]

California

My brother has been on SSI and Medi-Cal for about 9 years due to Cirrhosis of the liver. During that time I have been his IHSS care provider.
We own a house together in joint tenancy. What I would like to know is if my brother passes will Medi-cal have any claim to our home?

It depends in part on exactly how the joint tenancy is worded. If any rights of survivorship are involved, then no, Medi-cal would not have any claims. If its just joint tenants in common, then it's possible that Medi-cal could force you to sell or refinance to pay them your brother's estate's share.