Understanding Medicaid Estate Recovery in 2026: What Families Need to Know - Hurley Elder Care Law | Georgia's #1 Certified Elder Law Attorney

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Understanding Medicaid Estate Recovery in 2026: What Families Need to Know
April 21, 2026
POSTED IN: Medicaid Planning TAGS: Medicaid Estate Recovery
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One of the most common questions we hear at Hurley Elder Care Law is: Will Medicaid take my home? This concern often stems from confusion about Medicaid Estate Recovery.Understanding how this program works can help families plan with confidence and avoid unnecessary stress.What Is Medicaid Estate Recovery?Medicaid Estate Recovery is a program that allows the state of Georgia to seek reimbursement for certain Medicaid benefits after a recipient passes away.This typically includes the cost of long-term care services, such as nursing home care or home and community-based services.

Recovery is made from the individuals estate, which may include assets like a home.When Does Estate Recovery Apply?In Georgia, estate recovery may be pursued when:The estate has a value of $25,000 or moreThe individual was age 55 or older and received long-term care services through MedicaidThe individual received Medicaid-funded nursing home care at any ageIt is important to note that Medicaid does not take assets during a persons lifetime.Estate recovery only occurs after death and is handled through the probate process.Are There Situations Where Recovery Is Delayed?Yes.The state will delay recovery if there is:A surviving spouseA child under age 21A child who is blind or disabled under Social Security guidelinesRecovery is postponed until these protections no longer apply.Are There Ways to Avoid Estate Recovery?Certain exceptions may help protect the home if properly planned in advance.

These may include:A sibling who lived in the home and has an ownership interestA child who lived in the home for at least the two years (prior to making medicaid application) and provided care that delayed the need for nursing home placementAs with other Medicaid planning, these strategies must be handled carefully and at the right time, often before or during the Medicaid application process.What Should Families Do Now?The good news is that estate recovery can often be planned for.With the right legal guidance, there may be options available to protect your home and preserve assets for your family.The key is to plan early and work with an experienced certified elder law attorney who understands how these rules apply in Georgia.Our goal throughout this Medicaid blog series is to simplify a very complex system.

We also aim to show you the importance of working with an expert to help you feel more prepared and ensure your loved one qualifies for the benefits they need.If you have questions about Medicaid or estate recovery, our team at Hurley Elder Care Law is here to guide you every step of the way.Call us at 404-843-0121 for your complimentary phone consultation with our intake specialist.
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Posted in Medicaid PlanningTags: Medicaid Estate Recovery

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They treat you like you are one of the family.Val B.Hurley Elder Care Law went to work for my Mother and navigated all of the Government red tape and got her approved for Medicaid in short order.I, as her POA, could not even begin to climb the mountain of paperwork on my own.David Q.It's impossible to accurately describe the lost feeling of realizing you need power of attorney, updated will and general guidance all of a sudden when dealing with a parent with dementia.The firms responsiveness has been superb, their work flawless and their advice kind, compassionate and professional.

I'll forever know that their guidance prevented us from making many bad decisions.Neal R.Due to aging, escalating health and cost concerns for both my husband and myself, I chose to work with Hurley Elder Care to do care and estate planning.I am so very pleased with the result.I have a much improved understanding of the complexity of this process, the necessary documents, timing, regulations and the need for professional guidance.Gina M.Superb service through a difficult maze of governmental regulations and requirements which are not navigable by an individual without a depth of knowledge that far exceeds mine.Wallace M.All I can say is Wow ! I have never seen a team attack and solve a problem like Hurley.

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Definitely 5 Star work!read moreread less Elizabeth King 4/08/2026 Getting my affairs in order has been weighing on me for some time.Not having any idea where to turn, I spent a good deal of time researching the web for a law firm that seemed to share my values and show empathy and professionalism towards what I was trying to do.I could not be happier with my experience with Anna Stallings, JD, with Hurley Elder Care Law.

I felt she was genuinely interested in me as a person and cared about what I wanted to do.She was confident, wise and professional, and presented herself warmly.I felt very comfortable with her guidance and am beyond happy with the results of my time with her.

I would not hesitate to suggest Anna or this firm to any of my friends for elder law assistance.read moreread less Pam Martin 3/01/2026 Hurley Elder Care Law prepared my mom's will and, when the time came, helped us thru the Gwinnett Co.probate process.Their team was very helpful, courteous and responsive throughout the will preparation and the probate process.

Anna Stallings was especially helpful during the probate process which was confusing (to me), long and, by it's nature, occurs during a difficult time.Thank you to everyone at Hurley Elder Care Law.read moreread less Bill Dunn 2/25/2026 Anna with Hurley Elder Care Law has done a wonderful job with my mom's estate during the entire Probate process! The whole team is kind, caring, very knowledgeable in this field and we are so thankful we chose them to represent my mom's estate! They really are the best at what they do!!read moreread less Lori K 12/17/2025 The entire team at Hurley Elder Care Law Firm have been wonderful partners in providing legal assistance to my clients.They have a holistic approach to supporting seniors and their families which is unique.

Im grateful for the work they do!read moreread less Victoria Archable 12/04/2025 I've been working with Miles for many years.He and his team are consummate professionals with compassion, knowledge and expertise.read moreread less Matt Hudgins 12/04/2025 Great quality of service and working with them is very easy! Responds timely to every concern.read moreread less mariah Ellis 12/04/2025 I highly recommend Hurley Elder Care Law to anyone who is looking for quality in an attorney who care about you and your loved one.read moreread less Cindy Lofton Stroud 12/04/2025 Hurley is the best! They are always so helpful and kind! We appreciate everyone on their team! I highly recommend them.read moreread less Kristen Hardman 12/04/2025 As an Aging LifeCare Manager, I highly recommend Hurley Elder Law for their certified legal expertise and commitment to the holistic Life Care Planning model.Their team expertly navigates complex public benefits (Medicaid/VA) and asset protection, ensuring our mutual clients receive financially secure and seamless care.

We consistently rely on their compassionate advocacy and integrated Care Coordination for the best possible outcomes during difficult transitions.Bridgett Skelton, RN, BSN, MBA, CMC, Aging LifeCare Managerread moreread less bridgett skelton 12/04/2025 As a gerontologist who provides care consultations and care planning for individuals and families navigating Alzheimers or a related dementia, I refer only to trusted elder law firms.Hurley has been at the top of my list for years.

I refer to this firm with confidence that clients will receive not only excellent legal counsel but also the additional care and support they need during one of the most challenging times in their lives.read moreread less Mary Caldwell 12/04/2025 Hurley Elder Law has been an exceptional partner to our clients at ElderVizor.We absolutely love working with their team.They are consistently responsive, knowledgeable, and deeply compassionatequalities that make a tremendous difference for the families we serve.

Their guidance brings clarity to complex situations, and they always go above and beyond to ensure clients feel supported and protected throughout the process.We never hesitate to refer families to them because we know they will be in excellent hands.A special shout-out to Kim Lewis, who is truly wonderful to work with.

Kim is warm, professional, and incredibly dedicated.Our clients consistently share positive feedback about their experience with her.We are grateful for this partnership and highly recommend Hurley Elder Law to anyone seeking trustworthy and expert elder law support.

Jona Olivia Payne, ElderVizorread moreread less Jona Olivia Payne 12/03/2025 Hurley Elder Care is truly exceptional.As a Social Worker, I have had the privilege of working with families who needed support with Medicaid planning, wills, trusts, and comprehensive life- care planning, and every experience with this firm has been outstanding.Their team is knowledgeable, compassionate, and incredibly dedicated- an invaluable resource during some of lifes challenging transitions.

Miles Hurley brings unmatched expertise and a calm, confident presence that immediately puts families at ease.Kim Lewis is thorough and always willing to go the extra mile to make sure every detail is handled with care.Joanna Hurley consistently provides thoughtful guidance and clear communication, helping families navigate complex situations with confidence.

Dawn Houston s warmth and professionalism make every interaction feel personal and reassuring.Ali Metcalf, the new addition to the firm, is always helpful and kind.The entire team is truly priceless.

Their commitment to excellence and genuine care for the people they serve sets them apart.I wholeheartedly recommend them to anyone seeking elder law or life- care planning support.They are simply the best!read moreread less Nivedita Garabadu 12/03/2025 Effective and efficient advice and services forread moreread less William Stanhope 12/03/2025 Hurley is always the first company I refer my patients and their families to strictly because I trust Hurley will say what they say they will do.read moreread less Nissy Alexander 12/03/2025 Very professional, excellent communication, Great processes In place.

I recommend anyone needing Elder assistance to Hurley Law.You won't be disappointed!!!!read moreread less kira williams 12/03/2025












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