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Ask California Lawyer Your Own Question
California Lawyer
California Lawyer, Attorney
Category: Estate Law
Satisfied Customers: 977
Experience:  Licensed to practice law in California
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My father spent seven years in a nursing home before s death

Customer Question

My father spent seven years in a nursing home before his death from Parkinson's disease. He died thirteen years ago. My mother lived in their home of more than fifty years before she died over a year ago. All they had was their home. I've learned that Medicare has a claim against the home for more than it is worth for my fathers care. My mother willed the house to my sister and I. Are we out of luck as far as inheriting th home?
Submitted: 6 months ago.
Category: Estate Law
Expert:  California Lawyer replied 6 months ago.

Hello, I will try and help. First of all, was he receiving Medicare or Medicaid? The latter is the program for those with no assets. After a Medicaid recipient dies, the state must attempt to recoup from his or her estate whatever benefits it paid for the recipient's care. This is called "estate recovery." For most Medicaid recipients, their house is the only asset available. If that is the case here, then yes, you may very well be out of luck. This is a way to try and avoid sticking the taxpayers with the cost of care while people dispose of their assets to others.

I know this is probably not the answer you want, but please don't shoot the messenger.

Customer: replied 6 months ago.
Thank you. We were afraid of that,but didn't want to just give up. Needed a second opinion.
Expert:  California Lawyer replied 6 months ago.

Best of luck to you.


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