Short answer

Under Alaska law and federal Medicaid rules, the state may try to recover Medicaid payments for long‑term care from a deceased Medicaid recipient’s estate. The state generally cannot force you, while your mother is alive and competent, to sign over her deed. You also usually cannot avoid estate recovery simply by accepting a transferred deed during her lifetime without risking penalties or later recovery. There are limited exemptions and possible hardship or probate procedures that may protect the home.

Detailed answer — how Medicaid estate recovery works in Alaska

Medicaid is a joint federal–state program. Federal law requires states to attempt recovery of Medicaid long‑term care costs from the estates of deceased Medicaid recipients who were 55 or older, or who were permanently institutionalized, in many cases. See 42 U.S.C. § 1396p(b) for the federal rule that authorizes estate recovery (govinfo: 42 U.S.C. §1396p).

Alaska administers Medicaid and an estate‑recovery program consistent with federal law. The Alaska Department of Health and Social Services (DHSS) handles claims for recovery. For basic program information, check the Alaska DHSS Medicaid pages or contact DHSS about estate recovery (see DHSS web resources).

What the state can recover

• Medicaid can seek reimbursement for payments it made for the recipient’s long‑term care and certain other services after the recipient dies.
• Recovery is usually sought from the recipient’s estate in probate (money, real property that was part of the estate, etc.).

When the state files a claim

Commonly the state files a claim in probate against the decedent’s estate after death. Some states also place liens or require notice when certain assets exist, but whether and how Alaska asserts liens or claims can vary. Contact Alaska DHSS for specifics about liens and timing in Alaska.

Can the state force you to sign a deed?

No. The state cannot legally force a third party (for example, you) to accept title or sign a deed for your mother’s property while she is alive and has capacity. Any transfer of title normally must be voluntary and signed by the owner (your mother) or an authorized legal representative. Coercion or improper pressure to sign away property can be challenged in court.

What about transfers of the home during your mother’s lifetime?

If your mother gives or sells her home to you while she’s alive, that transfer may be subject to Medicaid rules and later recovery. Federal rules include look‑back and transfer‑penalty provisions that apply to eligibility for Medicaid benefits. Even if the home later becomes part of the decedent’s estate, the state may seek recovery after death. In some cases transfers to certain persons are exempt (see exemptions below).

Common exemptions and protections

Federal Medicaid law recognizes several exemptions from estate recovery. Typical exemptions include:

• Surviving spouse — recovery is usually deferred while a spouse survives and may be waived in some situations.
• Minor or permanently disabled child — property transfers to a child who is under age 21 or permanently disabled may be exempt.
• Sometimes a child who lived in the home and provided care — some states provide an exception where an adult child lived with and cared for the parent for a required period; check Alaska rules.

Whether Alaska applies these exemptions and how they work in practice depends on state rules and facts in each case.

Hardship waivers and dispute procedures

States often have a process to request a waiver or to dispute the claim if recovery would cause undue hardship. In Alaska you can ask DHSS about filing for an exemption or a hardship waiver and about appeal rights if the department files a claim against an estate.

What you should do now — practical steps

1. Get facts: Confirm whether your mother is receiving Medicaid, what services Medicaid paid for, and whether an estate‑recovery notice exists or is likely.
2. Contact Alaska DHSS: Ask the DHSS estate recovery unit for details about any claim and about exemptions and waiver procedures specific to Alaska.
3. Do not sign or accept deeds under pressure: Never sign over title or accept a deed without independent legal advice. If your mother lacks capacity, court appointment of a guardian or conservator may be required before major transfers; courts must authorize some actions.
4. Collect documents: Gather deeds, mortgage statements, Medicaid award letters, bank statements, and any record of transfers or caregiving arrangements.
5. Consider probate timing: If your mother dies, expect the state to file a claim in probate. Probate timelines and defenses vary by county and the size of the estate.
6. Talk to an attorney: An attorney who handles elder law, Medicaid planning, or probate in Alaska can advise on exemptions, potential protective transfers, and whether a hardship relief path is practical.

When a lawyer can help

Talk to a lawyer if you need help with:

• Understanding whether a past transfer of the home will trigger recovery or a penalty.
• Filing an appeal or hardship waiver with DHSS after a recovery claim.
• Handling probate where the state files a claim.
• Evaluating safe, legal options (e.g., qualified trusts, spousal transfers) if Medicaid planning may still be possible. Note: planning options have strict timing and look‑back rules.

Helpful hints

• Do not sign paperwork under time pressure. Ask for copies and time to consult a lawyer.
• Ask DHSS for written notice of any claim and for the statutory basis of the claim.
• If your mother still lives in the home and needs care, document caregiving arrangements; some protections apply to caregivers who lived with the recipient and provided care.
• Transfers to a spouse or to a child who is minor or permanently disabled are commonly protected — get legal confirmation before relying on any assumed exemption.
• Keep careful records of all transfers and financial gifts. They matter in Medicaid look‑back and probate reviews.
• Probate procedures matter. If a claim is filed, follow probate notice deadlines and appeal timelines strictly.
• Be cautious about informal “advice” from non‑lawyers. Only a licensed Alaskan attorney can advise across the state’s legal and procedural nuances.