The Short Answer

In Florida, an inheritance can become a countable asset for Medicaid purposes depending on what is inherited (cash vs. real estate), how it is titled, and whether it is accessible to your spouse. Because Florida Medicaid eligibility is asset-tested for many programs, inherited property can create eligibility problems if it pushes your spouse over the applicable resource limit or triggers transfer-penalty issues if handled incorrectly.

The safest approach is to speak with a Florida attorney before your spouse accepts, retitles, sells, or transfers inherited assets—because “fixing it later” can be far more expensive and sometimes impossible.

What Florida Law Says

Florida’s Medicaid statutes make clear that eligibility can depend on meeting income and asset tests set by federal and state law. In other words, even if your spouse is otherwise medically eligible, owning certain assets (including inherited assets) may affect eligibility for Medicaid programs that apply resource limits.

The Statute

The primary law governing this issue is Fla. Stat. § 409.903.

This statute establishes that Medicaid coverage is available only to people who are determined eligible, subject to the income, assets, and categorical eligibility tests set forth in federal and state law.

Separately, Florida also has an estate recovery law that can matter when inherited property is part of a Medicaid recipient’s estate after death. Florida’s estate recovery rules are addressed in the Fla. Stat. § 409.9101 (the “Medicaid Estate Recovery Act”).

Why You Should Speak with an Attorney

Even though the general rule sounds simple (“assets can affect eligibility”), inherited property creates real-world complications that can derail benefits if you make the wrong move. Legal outcomes often depend on:

• Strict Rules About Assets and Transfers: Medicaid eligibility is asset-tested for many categories, and certain transfers can create serious consequences. What looks like a harmless “gift” or quick deed change can raise red flags.
• Burden of Proof: You may need to document what was inherited, when it was received, how it was titled, and whether it was ever accessible/usable by your spouse.
• Exceptions and Planning Options: Whether inherited real estate is treated differently than cash, whether a spouse can keep certain assets, and how estate recovery may apply are all fact-specific and require careful legal analysis under Florida Medicaid rules and the applicable program (nursing facility vs. community-based care).

Also, your question references “North Carolina guidance,” but your intake indicates Florida. Medicaid planning is highly state-specific—so relying on another state’s rules can lead to costly mistakes.

If you want more background reading, you may find these helpful: Will an Inheritance Affect My SSI and Medicaid Eligibility in Florida? and Will Florida Medicaid or Medicare Try to Recover Money from My Mother’s Estate?.

Get Connected with a Florida Attorney

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.