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How does MassHealth treat assets held jointly with rights of survivorship for recovery purposes?

Editor's Response

This is a complex area of estate planning law (and an area where the rules seem to change with some frequency).  Before making any plans or decisions you should consult with a licenced Massachusetts estate planning attorney.  If you are asking about eligibility for Masshealth, try this link for more information. 
 
If you are talking about estate recovery, MassHealth will typically only seek to recover assets from the probate estate of the deceased party.  If you held assets, such as a house, jointly with your parent, and assuming there was no lien placed on the property by the state during or after the application process, then after the parent dies, you own the house outright.  It does not become part of the probate estate and the state will not go after it.  Follow this link for an in-depth discussion of "estate recovery." 
 

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