How Oklahoma Families Are Protecting Their Homes From Medicaid Recovery in 2025

When you work your entire life to build an inheritance for your loved ones, you expect to be able to pass it onto them—not lose the entirety of it to your long-term care needs. But for too many Oklahoma seniors, this is exactly what happens. Medicaid estate recovery has caused too many hard-working Oklahomans to lose their home, leaving them with nothing to pass onto their children. Our team of Medicaid planning lawyers can help you prevent this while still getting the long-term care you need.
The Medicaid planning attorneys at Entz Burton & Associates have an in-depth understanding of estate planning requirements in Oklahoma and how to protect assets from being seized for long-term care payment. Let’s talk about your options now—call us at 405-773-9800.
An Overview of Medicaid Estate Recovery in Oklahoma
The Oklahoma Health Care Authority has the legal authority to seek recovery against the estates of individuals who receive care at or after the age of 55. This includes those who receive care in nursing facility services, home- and community-based services, and other types of medical care. Under the law, payment of Title XIX by OHCA creates a debt to the OHCA. The OHCA can then seek payment by either making a claim against the patient’s estate or placing a lien on their real estate.
This means that property owned by someone in a nursing home could be at risk of a lien to cover the cost of treatment. This means that whenever a beneficiary attempted to sell the home, the proceeds would be used to pay back the care received. There are some exemptions that can protect the home, as well as legal strategies that a Medicaid planning lawyer can help you explore.
Exemptions That May Protect the Home
The same law that allows the OHCA to place a lien on a home also outlines scenarios in which they cannot file a lien. Working with a Medicaid planning law firm may help you find out if your home is protected by any of these scenarios:
- Surviving spouse lives in the home
- Child aged 20 or younger lawfully resides in the home
- Disabled child of any age lawfully resides in the home
- Sibling of the patient with an equity interest in the home who has lived there for at least one year prior to the patient’s admission continues to live in the home
If any of these limitations apply, your home may be protected under Oklahoma law.
Strategies to Protect Your Home
Even if your home doesn’t fit one of the limitations listed earlier, you may still be able to protect your family from having the entire value of your home taken by the OHCA. Working with a Medicaid planning attorney in Oklahoma as early as possible is highly recommended; waiting too long to seek assistance may limit your relief options. Potential solutions include:
- Medicaid Asset Protection Trust (or MAPT): Medicaid Asset Protection Trusts are an incredibly useful tool for those hoping to avoid losing their home to Medicaid costs. When determining Medicaid eligibility, the agency looks back five years to determine whether or not the care recipient has assets that could be used for payment. Transferring a home into an MAPT at least five years prior to receiving care may protect the home.
- TOD deed: A Transfer on Death deed allows a property owner to pass property seamlessly to a beneficiary upon their death. This protects the asset from probate and can protect it from being seized for Medicaid payment.
- Undue hardship: If you can demonstrate that a lien would cause undue hardship, you may receive a waiver. You may prove undue hardship if enforcement of the lien would deprive the patient or their family members of food, clothing, shelter, or any other necessities.
Remember, you should begin exploring your options as early as possible with a Medicaid planning lawyer. Transfers made in the five-year lookback period may prevent an individual from receiving Medicaid-funded care.
Discuss Your Options With Entz Burton & Associates
The earlier you begin working with a Medicaid planning law firm, the more prepared you’ll be for whatever comes next. Call Entz Burton & Associates at 405-773-9800 or get in touch online to set up a time to discuss your needs with our team now.

Attorney J. Michael Entz at Entz Burton & Associates is an experience lawyer in estate planning law, business formation and asset protection serving the families in Oklahoma City and Weatherford office.