Understanding Medicaid Estate Recovery in 2026: What Families Need to Know

One of the most common questions we hear at Hurley Elder Care Law is: Will Medicaid take my home? This concern often stems from confusion about Medicaid Estate Recovery. Understanding how this program works can help families plan with confidence and avoid unnecessary stress.

What Is Medicaid Estate Recovery?

Medicaid Estate Recovery is a program that allows the state of Georgia to seek reimbursement for certain Medicaid benefits after a recipient passes away. This typically includes the cost of long-term care services, such as nursing home care or home and community-based services. Recovery is made from the individual’s estate, which may include assets like a home.

When Does Estate Recovery Apply?

In Georgia, estate recovery may be pursued when:

• The estate has a value of $25,000 or more
• The individual was age 55 or older and received long-term care services through Medicaid
• The individual received Medicaid-funded nursing home care at any age

It is important to note that Medicaid does not take assets during a person’s lifetime. Estate recovery only occurs after death and is handled through the probate process.

Are There Situations Where Recovery Is Delayed?

Yes. The state will delay recovery if there is:

• A surviving spouse
• A child under age 21
• A child who is blind or disabled under Social Security guidelines

Recovery is postponed until these protections no longer apply.

Are There Ways to Avoid Estate Recovery?

Certain exceptions may help protect the home if properly planned in advance. These may include:

• A sibling who lived in the home and has an ownership interest
• A child who lived in the home for at least the two years (prior to making medicaid application) and provided care that delayed the need for nursing home placement

As with other Medicaid planning, these strategies must be handled carefully and at the right time, often before or during the Medicaid application process.

What Should Families Do Now?

The good news is that estate recovery can often be planned for. With the right legal guidance, there may be options available to protect your home and preserve assets for your family. The key is to plan early and work with an experienced certified elder law attorney who understands how these rules apply in Georgia.

Our goal throughout this Medicaid blog series is to simplify a very complex system. We also aim to show you the importance of working with an expert to help you feel more prepared and ensure your loved one qualifies for the benefits they need. If you have questions about Medicaid or estate recovery, our team at Hurley Elder Care Law is here to guide you every step of the way. Call us at 404-843-0121 for your complimentary phone consultation with our intake specialist.