Detailed Answer — short overview

Yes, Florida can seek recovery from a deceased Medicaid recipient’s estate for certain Medicaid benefits, and that recovery can include real property such as a home if the property is part of the decedent’s estate. However, the state cannot legally force someone to sign over a deed while the Medicaid recipient is alive, and there are important legal protections and exceptions that may prevent or limit recovery after death.

How Medicaid estate recovery works in Florida

Federal law requires states to attempt to recover Medicaid payments for long‑term care and related services from the estates of beneficiaries who were 55 or older when they received those services. Florida implements this requirement and pursues recovery through its Medicaid Estate Recovery Program. The state typically files a claim against the decedent’s probate estate and may record a claim or lien against real property that is part of the estate.

Florida’s estate‑recovery activities are described by the state and by federal Medicaid rules. See Florida Department of Revenue, Medicaid Estate Recovery Program, and federal guidance on state estate recovery: floridarevenue.com/medicaid and medicaid.gov — Medicaid estate recovery. For statutory authority and program rules, see Florida’s Medicaid statutes, including the provisions governing recovery: Fla. Stat. § 409.910.

Key protections and common exceptions that can prevent recovery of a home

• Surviving spouse: Recovery is generally deferred or limited if a surviving spouse occupies the home.
• Minor or disabled surviving child: The state cannot recover against property needed to support a surviving child who is under 21 or is blind or disabled.
• Homestead protections: Florida’s strong homestead protections (from creditors and forced sale while qualifying occupants live in the property) can affect estate recovery in practical ways. See the Florida Constitution for homestead rules: Florida Constitution, Article X.
• Other narrow exceptions: There are limited circumstances where another family member (for example, a sibling who lived in the home for a long time or an adult child who provided care and lived in the home) may affect recovery, but these exceptions are specific and fact‑intensive.

Can the state force a living person to sign over a deed?

No. Florida (or any state Medicaid agency) cannot legally force someone to sign a deed while the homeowner is alive. Any transfer of property must be voluntary and valid under state property law. If someone pressures or coerces a person into signing away property, that may be unlawful and undoable in court.

That said, transferring property while the Medicaid applicant is alive to avoid estate recovery carries significant risks:

• Federal and state rules include a five‑year “look‑back” for transfers for less than fair market value in many Medicaid long‑term care eligibility programs. Transfers within the look‑back can cause penalties or loss of benefits. See federal rules on transfers and penalties at medicaid.gov.
• Transfers for little or no payment may be undone as fraudulent transfers. The state may pursue legal remedies to set aside transfers made to defeat recovery.
• Once a deed is signed and recorded, reversing the transfer can be legally difficult and expensive.

Practical steps and options to consider in Florida

If you face a possible claim or pressure to transfer property, consider these steps:

1. Do not sign anything under pressure. Ask for documents in writing and get independent legal advice before you sign.
2. Gather key documents: the Medicaid recipient’s will or trust, deed, title history, mortgage/loan information, Medicaid eligibility and award letters, bills for long‑term care, and correspondence from the Florida Department of Revenue or other agencies.
3. Ask the agency for a written explanation of any claim, how they calculated the amount, and whether exceptions apply.
4. Explore legal strategies with an experienced Florida elder‑law attorney. Options might include: negotiating a settlement, applying for hardship or undue‑hardship consideration, defending the estate’s probate process, structuring lawful life estates or annuities (carefully, and only with legal counsel), or confirming that homestead or family‑survivor exceptions apply.
5. If transfers were made to qualify for Medicaid, discuss the look‑back and possible penalties with counsel before taking further action.

When to get a lawyer and what to ask

Because the rules are complex, get advice from a Florida attorney who handles elder law, Medicaid planning, probate, and estate recovery. Ask potential attorneys:

• Do you handle Medicaid estate recovery cases in Florida?
• What exceptions or defenses might apply in this situation?
• What documentation will you need and what are the likely costs and timelines?
• Can you help negotiate with the state or file necessary objections in probate?

Helpful links and authorities

• Florida Department of Revenue — Medicaid Estate Recovery Program: https://floridarevenue.com/medicaid/Pages/default.aspx
• Florida statutes governing Medicaid (see chapter 409 and related provisions): Fla. Stat. § 409.910 (recovery)
• Federal guidance on Medicaid estate recovery (CMS/Medicaid): https://www.medicaid.gov/medicaid/eligibility/medicaid-estate-recovery/index.html
• Florida Constitution — homestead protections: https://www.flsenate.gov/Laws/Constitution

Helpful Hints

• Do not sign or transfer a deed to avoid Medicaid recovery without legal advice. Voluntary transfers can cause eligibility penalties or be reversed.
• Keep all communications from Medicaid and the Department of Revenue. Missing a notice or a deadline can limit your defenses.
• If a claim is filed against the probate estate, you usually get notice in the probate process. Attend probate hearings or have your attorney represent you.
• Homestead protections may help surviving family members; confirm eligibility for these protections early.
• Look‑back rules usually reach transfers in the 5 years before Medicaid benefits begin for long‑term care—plan with that in mind.