How to Protect Your Home from Medicaid in Ohio

For most families, the home is their largest asset — and one of their biggest concerns when a loved one needs nursing home care. The question “Can Medicaid take my house?” is one of the most common questions we hear at The Toron Law Firm. The answer is more nuanced than most people expect.

Is Your Home Exempt During the Medicaid Application?

Generally, yes. Your primary residence is an exempt asset for purposes of determining Medicaid eligibility in Ohio, provided that the applicant, their spouse, or a qualifying family member lives in the home — or the applicant has a documented intent to return.

This means that owning a home typically will not prevent you from qualifying for Medicaid. However, exemption during the application process does not mean the home is safe forever.

The Real Risk: Medicaid Estate Recovery

The bigger concern comes after the Medicaid recipient passes away. Under Ohio Revised Code § 5162.21, the state is required to pursue Medicaid estate recovery — a process through which Ohio seeks reimbursement from the deceased recipient’s estate for the long-term care costs that Medicaid paid.

Ohio’s definition of “estate” is broad. It includes not only assets that go through probate but also assets in which the individual had any legal interest at the time of death, including those that pass through joint tenancy, survivorship, or other non-probate transfers.

This means that if no planning is done, the state can file a claim against the home after both spouses have passed away, potentially forcing a sale to satisfy the Medicaid lien.

Protections Already Built Into the Law

Ohio law does provide certain protections. Medicaid cannot pursue estate recovery while any of the following are still alive: the Medicaid recipient’s surviving spouse, a child under age 21, or a child of any age who is blind or disabled.

Additionally, the home is protected from estate recovery if a qualifying sibling or caretaker child resides there under specific conditions outlined in the statute.

Planning Strategies to Protect Your Home

Beyond the built-in legal protections, there are proactive strategies that families can use to protect the home from estate recovery. These may include transferring the home to an irrevocable trust, strategic titling or re-titling of the property, and other approaches that must be carefully evaluated under Ohio’s look-back rules and Medicaid regulations.

Every family’s situation is different, and the right strategy depends on timing, family circumstances, and the overall estate plan. What works for one family may not work for another — and mistakes can be costly.

Start Planning Early

Home protection strategies are most effective when implemented well in advance of a Medicaid application. Because Ohio’s five-year look-back period applies to transfers of real property, waiting until a crisis occurs limits your options significantly.

If you or a loved one owns a home and may need nursing home care in the future, the time to plan is now.

Call The Toron Law Firm at (513) 563-3007 for a free consultation.