5154-1        REAL PROPERTY EXEMPTIONS

5154-1 A.   THE HOME IN WHICH THE FAMILY RESIDES

The home that is the residence of the applicant or recipient and the land upon which it is situated are both exempt regardless of their value.  A home may be permanently affixed to the land, or it may be merely situated on it, as with a mobile home.  The home includes related structures such as a garage, tool shed, outhouse, or lean-to.

In order to be exempt, the land that the home is located upon must be a single legally described piece of property.  (Normally, granting an easement or a public or private right-of-way through a single legally described piece of land does not change the legal description.)

Except for certain houses on Native Restricted Deed and ANCSA Alaska Native Claims Settlement Act lands, all income-producing property counts as resources, unless the property is the home or is situated on the single piece of land upon which the home is located.

If the family is temporarily absent from the home for an allowable reason, such as medical treatment, the home and land which is their primary residence remains exempt.

5154-1 B.   NATIVE RESTRICTED LAND

Certain Native Americans may hold land either individually within a rural area or community or jointly with their tribe or others in their community.  These lands are an exempt resource if they can be classified as Native Restricted Deeds, meaning they cannot be sold, transferred, or otherwise disposed of without permission from other individuals, the land-holder's tribe, or the Bureau of Indian Affairs.  Any house or related structure (as described in MS 5154-1 A) that is permanently attached to Restricted Deed land is also exempt, even if it is not used as a home.  If such a house is rented, the rental income will count for Medicaid purposes.

Note:

Verification of Native Restricted Deed status is required.  In Alaska, the Bureau of Indian Affairs is the agency that keeps records of Native Restricted Deeds.  Verification may also be available from deeds, tax assessor's records, recorder's office, realtors or real estate agents, mortgage or escrow documents, or signed surveyors' records or reports.