Real Property and Florida Medicaid

Homestead property
The Florida home is considered an unavailable asset by the Department of Children & Families (DCF) and is not included in the asset total.  If the home is sold, the proceeds of the sale will be an available asset.

If the home is determined by the probate court to be homestead property, it will be exempt from creditor claims after the owner's death if it is left to an "heir."  If left to an heir or heirs, the homestead is free of creditor claims including the State of Florida for Medicaid reimbursement.  If the homestead is not left to an heir or heirs, the house will be a probate asset subject to creditor claims.

Real Property Excluded from Available Asset Total
DCF considers any real property an available asset if it is not rented or for sale at fair market value.

Options to consider making the property unavailable are:

  • Rent the property for fair market value.

  • List the property for sale at fair market value.

  • Sell the property and take back a note and mortgage.


Rental Property

  • Excluded asset.

  • Rent or mortgage payment considered income to the owner of the property.

  • The property will be available to creditor claims after the death of the owner.