Estate Law Questions? Ask an Estate Lawyer.
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.
Best of luck to you.