Can Medicaid Take Your House in Florida? What Families Need to Know Before Nursing Home Care

One of the biggest fears families have when a parent or spouse needs nursing home care is: Will Medicaid take our house? Or Will I be disqualified from Medicaid because I own a home?

The short answer in Florida is not automatically. Your home receives important protections, but Medicaid eligibility and what happens to property after death can be complicated. Planning before making transfers or changing ownership is extremely important.

Does Your House Count Against You for Florida Medicaid?  For Florida long-term care Medicaid, your primary residence can generally be treated as an excluded asset, subject to Medicaid's rules concerning the home and home equity.

For 2026, Florida's home-equity limit for certain long-term care Medicaid applicants is $752,000. However, the home-equity limitation does not apply in the same way when certain family members, including a spouse or qualifying child, live in the home.

This is why you should never assume that owning a home automatically prevents you from qualifying for Medicaid.

Can Florida Medicaid Take Your House After You Die?  This is where people often confuse Medicaid eligibility with Medicaid estate recovery.

Federal law requires states to pursue recovery of certain Medicaid benefits after a recipient dies. However, Florida's homestead protections can be extremely important. Florida's approved Medicaid recovery plan recognizes the Florida Constitution's protection of homestead from creditor claims and states that Florida does not file Medicaid claims against protected homestead property.

But whether a particular property qualifies for Florida homestead protection and how the property passes after death can depend on the circumstances.  That is why families should obtain advice about their specific property rather than relying on a general statement they saw online.

Should I Give My House to My Children Before Applying for Medicaid?  DO NOT transfer your house simply because someone told you it will protect the property from Medicaid.

Medicaid has rules regarding transfers of assets, including transfers made during the five-year lookback period before applying for certain long-term care benefits. An improper transfer can create a period of Medicaid ineligibility.

There are also certain transfers that may be permitted under Medicaid rules, depending on the circumstances.

Does a Revocable Living Trust Protect Your House From Medicaid?  A common misconception is that putting your home into a revocable living trust automatically protects it from nursing home costs or Medicaid.

A revocable trust is primarily an estate-planning and probate-avoidance tool. Because you generally continue to control the assets in your revocable trust, it should not be confused with Medicaid asset-protection planning.

What Should Florida Families Do?  If you or a loved one may need assisted living or nursing home care, don't wait until there is a crisis to understand your options.

Before transferring a home, adding a child to a deed, creating a trust, or giving assets away, speak with a Florida elder law attorney about how the decision could affect Medicaid eligibility and your estate plan.

Your home may have significant protections under Florida law. The key is understanding those protections before making a decision that is difficult or impossible to undo.

This article provides general information and is not legal advice. Medicaid eligibility and estate recovery depend on individual circumstances.