Detailed Answer

Short answer: Under federal law, states (including Maine) may seek recovery of Medicaid benefits paid for certain long‑term care services from the estate of a deceased Medicaid recipient. That can result in a claim against a home after the recipient dies, but Medicaid cannot legally force you to sign over a deed while your mother is alive. There are protections, exemptions, and processes you can use to challenge or limit recovery.

What is Medicaid estate recovery and who it applies to

Federal law requires states to try to recover Medicaid payments for long‑term services and supports (LTSS) paid on behalf of beneficiaries who were age 55 or older when they received those services. The federal program and guidance are at Medicaid/Medicaid Estate Recovery resources: Medicaid.gov — Estate Recovery. Maine implements federal requirements through MaineCare (Maine’s Medicaid program).

When a state can file a claim against a home

• Estate recovery actions are normally taken after the Medicaid recipient dies. The state files a claim against the deceased person’s estate to recover Medicaid payments for LTSS.
• If the home is part of the deceased person’s probate estate or otherwise considered an asset of the estate, the state may file a claim or lien to get repaid from that property.
• States may also place liens in certain situations to protect their right to recovery, subject to state law and procedural rules; whether and when Maine places a pre‑death lien depends on MaineCare policy and state procedures.

Can Medicaid force you to sign over your mother’s deed?

No. Medicaid cannot legally force you or any heir to sign over a deed while the owner is alive and competent. Title transfers must be voluntary and valid under state law. Any coerced signature may be voidable. If an applicant or recipient feels pressured into signing anything, stop and get independent legal advice before signing.

Transfers, the look‑back period, and risks of gifting the home

Transferring a home or other assets shortly before applying for Medicaid can create big problems:

• Federal law imposes a five‑year “look‑back” (60 months) for transfers for less than fair market value. Transfers within that period can trigger a period of Medicaid ineligibility or other penalties. See Medicaid.gov: Medicaid Estate Recovery.
• Even if a transfer avoids immediate estate recovery after death, the state can challenge transfers that were made to qualify for Medicaid benefits and may pursue remedies, including recovery from the recipient’s estate or asserting that the transfer was a fraudulent conveyance under state law.
• Simple disclaimers like signing the deed over to a child are common but risky. They can create tax, mortgage, long‑term care, and creditor problems for the person receiving title.

Common exemptions and protections that may prevent recovery

Federal law and state practice recognize several exemptions. Maine generally follows these federal exemptions, but you should confirm specifics with MaineCare or an attorney:

• Surviving spouse: recovery is usually delayed until after the surviving spouse dies.
• Minor children: recovery is typically not sought if a child under age 21 was living in the home.
• Disabled or blind child: recovery is usually waived if a child who is blind or disabled lived in the home.
• Siblings with equity and who lived in the home: some states exempt a sibling who has an equity interest and who was living in the home providing care.
• Hardship waivers: states can offer hardship waivers in appropriate cases where repayment would cause undue hardship to heirs.

For federal guidance, see the Medicaid estate recovery page at Medicaid.gov: https://www.medicaid.gov/medicaid/eligibility/medicaid-estate-recovery/index.html. For MaineCare administration and contacts, see Maine DHHS/MaineCare: https://www.maine.gov/dhhs/mainecare/. For general Maine law resources, see the Maine Legislature: https://legislature.maine.gov/ and Maine courts (probate) at https://www.courts.maine.gov/.

Practical next steps

1. Do not sign or record any deed or property transfer until you get legal advice. A transfer that looks helpful in the short term can cause bigger problems.
2. Gather records: deeds, mortgage statements, bank statements, long‑term care bills, Medicaid application materials, and any correspondence from MaineCare. Good records strengthen appeals or waiver requests.
3. Contact MaineCare and request a clear statement of any asserted claim or lien. If you receive a notice, read it carefully and note appeal deadlines.
4. Ask about exemptions or hardship waivers. If your family qualifies for an exemption (surviving spouse, minor or disabled child, etc.), provide documentation promptly.
5. Get legal help. An elder‑law attorney or legal aid organization that handles Medicaid and probate matters in Maine can explain options, appeal timelines, and defenses. Look for attorneys experienced in Medicaid planning and estate recovery.
6. If a state files a claim after your mother’s death, you can raise objections in probate court and pursue appeals. Don’t ignore notices or deadlines.

How to challenge a recovery claim

Challenges commonly include:

• Showing the property is not part of the Medicaid recipient’s probate estate (for example, title passed to a joint owner who survives the decedent).
• Proving an exemption applies (surviving spouse, dependent child, etc.).
• Proving a transfer was made for fair value or outside the Medicaid look‑back timeframe.
• Seeking a hardship waiver based on financial hardship to heirs or surviving family members.

Where to get help in Maine

If you need help, consider:

• Contacting MaineCare (Maine DHHS) through the MaineCare website: https://www.maine.gov/dhhs/mainecare/.
• Consulting an elder‑law attorney who knows Maine Medicaid rules and probate practice.
• Contacting local legal aid or bar association referral services to find low‑cost or pro bono help.

Additional official resources:

• Medicaid estate recovery (federal): https://www.medicaid.gov/medicaid/eligibility/medicaid-estate-recovery/index.html
• Maine Legislature (statutes and probate rules): https://legislature.maine.gov/
• Maine Courts (probate): https://www.courts.maine.gov/

Disclaimer

This article explains general principles about Medicaid estate recovery under federal law as implemented by MaineCare and provides practical steps. It is not legal advice. Laws and procedures change. For advice about a specific situation, consult a licensed attorney in Maine who handles Medicaid and probate matters.

Helpful Hints

• Do not sign deeds or transfer title just to avoid estate recovery without legal advice. Transfers often backfire.
• Keep all written notices from MaineCare and respond quickly; appeal deadlines can be short.
• Document who paid for home repairs, taxes, mortgage payments, and care—these facts can affect estate recovery and probate outcomes.
• Ask MaineCare for a written explanation of any claim and the statute or policy basis for it.
• Explore exemptions (surviving spouse, minor/disabled child, sibling caregiver) before assuming the property will be taken.
• Look for free or low‑cost legal help through Maine legal aid programs or your county bar referral service.