Estate Law Questions? Ask an Estate Lawyer.
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it was my belief that because she died intestate, that we would go to surrogate court to appoint an administrator, but not have to go to probate???
do you know if there si any way to know for sure if medicaid will try to recoup their costs? i was told that they go back 3 months of service for my mother and try and recoup that, but everywhere ive looked, the answer is always tht medicaid MAY try and recoup. what determines that?
thanks again for your help,
Below is your question and my response:
"It was my belief that because she died intestate, that we would go to surrogate court to appoint an administrator, but not have to go to probate???
do you know if there si any way to know for sure if medicaid will try to recoup their costs? i was told that they go back 3 months of service for my mother and try and recoup that, but everywhere ive looked, the answer is always tht medicaid MAY try and recoup. what determines that?"
Sorry, I got a little loose with terms. You are correct, since your mother died intestate the procedure is called "administration" not "probate" and the person in charge is called "administrator" not "executor." The process is the same as if she had a Will. The surrogate court will appoint an administrator and the administrator can petition to sell the apartment to pay off debts. The surrogate court will require the apartment sold if there are not enough assets to pay all claims. The only way to get the apartment sold or in the heirs name is XXXXX XXXXX it through the surrogate court.
The only way to know exactly what the Medicaid claim will be is to file the notice to creditors and wait for them to file a claim. You can contact Medicaid directly to request that they tell you what is owed but they have no legal authority to speak with you unless you are the court appointed adminstrator.
So now we have decided that there is no money to gain by selling the apartment. now what do we have to do to let it just go back to the bank who holds the mortgage? will this bear on our personal credit?
It will not effect your personal credit. You have no obligation to do anything if you do not open an estate. If the debts are far greater than the assets then sometimes the best thing for an heir to do is nothing. Her estate and it's debts have no bearing on you or your credit. If you do nothing then it is possible a creditor takes over her estate to try and get paid back something by selling assets
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