If you look at Medicaid's estate recovery claim, there are waivers for undue hardship (below poverty level) or if an heir is disabled. If the property was in the sole name of the deceased then it is part of the assets of the deceased and subject to paying the Medicaid lien.
If none of the above is the case there are no waivers of estate recovery and you are going to have to sell the property to pay the Medicaid lien. You can bring the property into the estate and use the proceeds of the sale to first pay funeral and burial expenses, executor fees, court costs and attorney fees and the remainder will go toward the Medicaid lien. If you see that the Mediciad lien is larger than the value of the property and other estate assets then it is better to go on and hire an attorney to help you. This reduces your liability and work load. Since Mediciad will get all the left over assets and attorney fees will be paid before Medicaid it will not cost you anything to bring the attorney on board.
If you are interested in locating a local attorney to help you, let me know where you are and I will get you to a local expert that knows Medicaid law and estate procedures.
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