US Legal Forms
Legal Resources
Questions & Answers
Wills and Estates
What happens to a house if someone dies without a Will?

What happens to a house if someone dies without a Will?

Full question:

A person on medicaid and SSI wants to know who gets her house when she dies. She does not have a Will.

Category: Wills and Estates
Date: 04/07/2025
State: Alabama

Answer:

If a person dies without a Will, their home will be distributed according to the laws of intestate succession. This means the property will go to heirs as determined by state law. Typically, the order of inheritance is: spouse, children, siblings, and then parents. If there are deceased children, their share would usually go to their own children. This assumes the deceased owned the house outright and no agreements affect its distribution.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is a house protected from Medicaid?

Generally, a house is not entirely protected from Medicaid. If you need long-term care and apply for Medicaid, the value of your home may be considered an asset. However, there are exemptions, such as if a spouse or dependent lives there. After death, Medicaid may seek recovery from your estate, including the house, to recoup costs. It's important to consult with a Medicaid planning attorney for specific guidance based on your situation.

What happens if you inherit a house while on SSI?

If you inherit a house while receiving SSI, it can affect your benefits. SSI has strict asset limits, and the value of the inherited house may push you over this limit, potentially resulting in a reduction or loss of benefits. However, if you live in the house, it may not count against your asset limit. It's advisable to report the inheritance to the Social Security Administration and seek legal advice.

Will inheriting a house affect my Medicaid benefits?

Inheriting a house can impact your Medicaid eligibility. The value of the house may be considered an asset, which could disqualify you if it exceeds Medicaid's asset limits. However, if you live in the house, it may be exempt. It's crucial to consult with a Medicaid attorney to understand how the inheritance may affect your benefits.

Does inheriting a house affect SSI?

Yes, inheriting a house can affect your SSI benefits. The house's value may count toward the asset limit for SSI, which could lead to a reduction or loss of benefits. If you plan to live in the house, it might be exempt from this limit. Always report any inheritance to the Social Security Administration and consider seeking legal advice.

Can Medicaid come after your house after death?

Yes, Medicaid can pursue recovery from your estate after your death, which may include your house. This process is known as estate recovery, and it typically occurs if you received Medicaid benefits while alive. The specifics can vary by state, so it's essential to consult with an attorney who specializes in Medicaid and estate planning to understand your situation.

Do I need to report inheritance to SSI?

Yes, you must report any inheritance to the Social Security Administration (SSA) if you receive SSI benefits. Inheritance can affect your eligibility and benefit amount, so it's important to provide accurate information to avoid potential penalties. Consult with a legal professional for guidance on how to report and manage the inheritance.