# Can Medicaid force the sale of Mineral Rights?
**URL:** https://www.mineralrightsforum.com/t/can-medicaid-force-the-sale-of-mineral-rights/22421
**Category:** Law & Legal
**Created:** [December 6, 2011, 3:31am UTC](https://www.mineralrightsforum.com/t/can-medicaid-force-the-sale-of-mineral-rights/22421 "2011-12-06T03:31:34Z")
**Posts on this page:** 9
**Page:** 1
### Author:  [@Tom\_McLarnan](https://www.mineralrightsforum.com/u/Tom_McLarnan)
#### Post date: [December 6, 2011, 3:31am UTC](https://www.mineralrightsforum.com/t/can-medicaid-force-the-sale-of-mineral-rights/22421/1 "2011-12-06T03:31:34Z")
My 82 yr old mother owns mineral rights in MT & ND. It appears she may need nursing home care within the year. My question is; can Medicaid force the sale of mineral rights before she becomes eligible for coverage?
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### Author:  [@charles\_s\_mallory](https://www.mineralrightsforum.com/u/charles_s_mallory)
#### Post date: [December 6, 2011, 12:47pm UTC](https://www.mineralrightsforum.com/t/can-medicaid-force-the-sale-of-mineral-rights/22421/2 "2011-12-06T12:47:39Z")
Thomas:
I have no idea how mineral right ownership plays into the Medicaid laws, but if it were me, I would get in contact with a Medicaid attorney in either North Dakota or Montana. If she owns numerous acres in both states, it might be well worth your time and money to get these answers and legally protect your family assets.
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### Author:  [@Michael\_Hutchison](https://www.mineralrightsforum.com/u/Michael_Hutchison)
#### Post date: [December 6, 2011, 5:54pm UTC](https://www.mineralrightsforum.com/t/can-medicaid-force-the-sale-of-mineral-rights/22421/3 "2011-12-06T17:54:57Z")
Charles, It plays into it because of Medicaid’s net worth limitations.
charles s mallory said:
Thomas:
I have no idea how mineral right ownership plays into the medicaid laws but if it were me, I would get in contact with a medicaid attorney in either ND or MT. If she owns numerous acres in both States, it might be well worth your time and money to get these answers and legally protect your family assets.
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### Author:  [@ardis\_jackson](https://www.mineralrightsforum.com/u/ardis_jackson)
#### Post date: [December 6, 2011, 6:56pm UTC](https://www.mineralrightsforum.com/t/can-medicaid-force-the-sale-of-mineral-rights/22421/4 "2011-12-06T18:56:58Z")
20 years ago, my dad who had guardianship over his sister (she lived in a care facility) and he had to sell her minerals in order for her to get Medicaid. This was in North Dakota. Later on my dad turned over his minerals to us kids so he could go to a nursing home later on, as he used Medicare and or Medicaid. This is also in North Dakota. I do know he had to sell his sister’s minerals in order for her to use Medicaid. Imagine this, 20 yrs ago Dad could hardly give her minerals away, no one wanted them. Too bad we could not foresee what oil would do later on!
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### Author:  [@Mineral\_Owner5](https://www.mineralrightsforum.com/u/Mineral_Owner5)
#### Post date: [December 6, 2011, 7:12pm UTC](https://www.mineralrightsforum.com/t/can-medicaid-force-the-sale-of-mineral-rights/22421/5 "2011-12-06T19:12:13Z")
Medicaid and Medicare can’t even take care of their own business in a timely fashion. How do you expect them to take care of your Mother’s business? Why don’t you and your family buy them from her or get them transferred in your names so you won’t have to deal with this at a later time? and they won’t be an issue!
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### Author:  [@Tom\_McLarnan](https://www.mineralrightsforum.com/u/Tom_McLarnan)
#### Post date: [December 6, 2011, 11:06pm UTC](https://www.mineralrightsforum.com/t/can-medicaid-force-the-sale-of-mineral-rights/22421/6 "2011-12-06T23:06:24Z")
Charles, Michael & Ardis, thank you for your responses. You have all been helpful.
Tom
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### Author:  [@Tom\_McLarnan](https://www.mineralrightsforum.com/u/Tom_McLarnan)
#### Post date: [December 8, 2011, 2:43pm UTC](https://www.mineralrightsforum.com/t/can-medicaid-force-the-sale-of-mineral-rights/22421/7 "2011-12-08T14:43:20Z")
Joel, Thanks for your response. The Rights actually belong to my mother. I have looked at doing a Quit Claim. However, Medicaid has a five year “look back” period to prevent people from giving away assets in order to qualify for coverage. If it is determined an asset has been given away, Medicaid will deny her coverage for a penalty period based on their appraisal of the asset. So, we are in the process of having the Rights appraised. We will then buy them from her and it should all work out. I have 4 siblings and fortunately we are all working cooperatively on this matter.
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### Author:  [@Lori\_B](https://www.mineralrightsforum.com/u/Lori_B)
#### Post date: [May 19, 2012, 5:51am UTC](https://www.mineralrightsforum.com/t/can-medicaid-force-the-sale-of-mineral-rights/22421/8 "2012-05-19T05:51:36Z")
Be careful of the timing if you transfer them. They have a 5 year look back period and will punish transfers. You’re better off buying them.
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### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [August 15, 2018, 4:05am UTC](https://www.mineralrightsforum.com/t/can-medicaid-force-the-sale-of-mineral-rights/22421/9 "2018-08-15T04:05:53Z")