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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 110543
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Our 99 year old neighbor died leaving her property to us in

Customer Question

Our 99 year old neighbor died leaving her property to us in her will. We have received a letter stating Medicade can claim the property for the aid they supplied her. The property has already been made over to us and we have a buyer. Can you advise us on this matter?
Submitted: 4 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that medicaid has a right to claim liens on property of anyone who received benefits. Thus, even though the will gave you the property, Medicaid could make a claim. However, if medicaid did not make their claim during the time in probate and they were notified, you can defeat their claim and you would have to take the matter to court to have the medicaid claim dismissed for failure to file it prior to the end of probate. At this point, you need to get the attorney who handled probate to get to court to have the medicaid claim dismissed if they never asserted it during probate and never placed the lien on the property before probate court put it in your name.

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