Disclaimer

This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Kansas attorney experienced in elder law, Medicaid planning, or estate matters.

Detailed Answer

Short answer: Under federal law, states must attempt to recover certain Medicaid benefits paid for long‑term care from a deceased recipient’s estate. In Kansas, KanCare (the Medicaid program) participates in federal estate recovery. That means the state can seek repayment from a decedent’s estate (including real property owned by the decedent when they died) for long‑term care costs. Medicaid generally cannot force you, while your parent is alive, to sign over the deed to their home. However, the state can pursue recovery from the estate after death and may file claims or liens against the estate while it is being administered.

Key federal and state authorities

• Federal Medicaid estate recovery requirement: 42 U.S.C. § 1396p(b). See the statute: 42 U.S.C. § 1396p.
• Kansas Medicaid information (KanCare): official program information is at the KanCare website: https://www.kancare.ks.gov/.
• Kansas statutes and state law can be searched at the Kansas Revisor of Statutes: https://www.ksrevisor.org/statutes/.

What Medicaid estate recovery typically covers

Under federal rules, states must try to recover Medicaid payments for long‑term services and supports (LTSS), such as nursing facility care, home and community‑based services, and related institutional care, from the estates of deceased beneficiaries who were 55 or older when they received benefits. States often also recover other medical payments in some circumstances.

When the home is at risk

If your mother owns her home in her name at her death, the KanCare Estate Recovery Unit may file a claim against her probate estate to recover Medicaid LTSS costs paid on her behalf. If recovery is successful, the state is paid from the assets of the estate — that can include the home if it passes through probate. If the home already passed to someone else before death (for example, you were added to the deed or received the property by deed during your mother’s life), the outcome depends on how the transfer was done and whether Medicaid rules (including the 5‑year look‑back for improper transfers) apply.

Can Medicaid force you to sign over a deed?

No. Medicaid cannot legally force you to sign a deed transferring property while your parent is alive. Deeds require voluntary execution; a forced signature would be invalid and could be set aside as fraud or undue influence. However, attempts to transfer property to avoid Medicaid recovery can trigger penalties: the federal Medicaid transfer rules include a 5‑year look‑back period for asset transfers for less than fair market value. Transfers made to qualify for Medicaid during that period can create periods of ineligibility and may be clawed back if challenged. See federal rule on transfers and estate recovery: 42 U.S.C. § 1396p.

Typical exemptions and protections

There are important exceptions that reduce or eliminate estate recovery in many cases:

• Surviving spouse: Recovery is generally deferred while a surviving spouse lives and often not sought at the spouse’s death.
• Minor or disabled child: If the deceased has a child under age 21 or a child who is blind or disabled, states often exempt the estate from recovery while those dependents live in the home.
• Indian tribe members: Special federal rules may apply to American Indian/Alaska Native beneficiaries.
• Hardship waivers or deferrals: States may offer waivers or deferments if recovery would cause undue hardship as defined by state policy.

Options to challenge or limit recovery in Kansas

If you receive a notice that KanCare intends to file a claim against an estate or a probate estate is being administered, you can take steps:

1. Request written notice and documentation. Ask the KanCare Estate Recovery Unit to provide the claim in writing, a detailed accounting of amounts claimed, and copies of supporting bills.
2. Check for exemptions. Determine whether a surviving spouse, minor/disabled child, or other exemption applies.
3. Ask about hardship waivers or deferral. Contact KanCare to see whether a waiver or deferral is available under Kansas policy for heirs or surviving relatives who would suffer undue hardship.
4. Review the title history. If your mother transferred the home before death, get copies of the deed(s). Transfers made for full value and well before the look‑back generally stand; transfers shortly before Medicaid eligibility raise questions.
5. Consider contesting transfers obtained by fraud or undue influence. If you suspect a coerced transfer, an action in probate or civil court may set aside the transfer.
6. Talk to an attorney. An elder law or probate attorney can evaluate whether estate recovery is correct, whether a transfer penalty applies, or whether litigation or settlement is appropriate.

Practical examples (hypothetical)

Example 1: Your mother lived in her home, received Medicaid‑paid nursing home care, and died. The home remained titled only in her name and goes through probate. KanCare may make a claim against the probate estate to recover LTSS costs. If the estate has enough assets, the state can be paid out of probate assets including proceeds from sale of the home.

Example 2: Your mother transferred the house into your name six months before applying for Medicaid and then entered a nursing facility. That transfer may fall within the federal 5‑year look‑back and could be challenged. The state could impose penalties or seek recovery; however, if the transfer was for full fair value more than five years before applying, it is less likely to be disturbed.

When to get legal help

Get legal help if KanCare files a claim or lien, if you suspect an improper transfer or undue influence, or if you need advice about preserving assets while complying with Medicaid rules. Legal aid organizations can help if you cannot afford a private attorney. For Kansas legal resources and to find attorneys, check the Kansas Bar Association and local legal aid programs.

Helpful Hints

• Do not sign away a deed under pressure. If someone asks you to sign, get independent legal advice first.
• Request all Medicaid estate recovery notices in writing and keep copies of medical bills, admission records, deeds, and financial statements.
• Check whether a surviving spouse, minor or disabled child, or other exemption stops recovery.
• Look for a KanCare estate recovery contact or unit and ask about hardship waivers or deferrals: start at https://www.kancare.ks.gov/.
• Understand the 5‑year Medicaid look‑back for transfers for less than fair market value; transfers in that period can create penalties or be challenged. See federal law: 42 U.S.C. § 1396p.
• If your mother’s estate enters probate, file timely objections and consult a probate attorney if you plan to contest a state claim.
• Consider talking with an elder‑law attorney well before a crisis to discuss legitimate planning options that comply with Medicaid rules.
• If you cannot afford private counsel, contact Kansas legal aid or the Kansas Bar Association for resources: https://www.ksrevisor.org/statutes/ (for statutes) and https://www.ksbar.org/ (for finding counsel).