How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ray Your Own Question

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29414
Experience:  29 years in civil, probate, real estate, elder law
8534270
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

Background The following occurred is the State of Utah.

Customer Question

Background

The following occurred is the State of Utah. My brother and I purchased real property together with title held as "his name & my name." To accompany the real property and develop it for agricultural purposes, my brother then bought water shares in his name only. Nine years after the property and water share purchases, my brother was injured and became permanently disabled. He received Medicaid benefits from the State of Utah for a decade. He died. He had a Will but not a trust. The water shares have a current vale of between $5,000 and $10,000 depending on the market. The property is worth $12,000. I read online about Medicaid qualifications and I assume that these assets should have prevented him from receiving benefits. I can find no records within my brother's belongings about his Medicaid benefits except an initial approval of benefits soon after the accident and Medicaid paid his final medical bills. I am managing his probate.

Questions:

Does title of the property pass to me without issues of concern about Medicaid, probate, or other problems? That is, must the property pass through probate? Is the way the title of the property is written consider "joint tenancy?"

Do I have a responsibility to notify the State of the value of the water shares and/or the real property? If so, how do I do this? I do not know how my brother qualified for benefits, if the property and/or water shares are considered assets that should have required him to spend down or otherwise dispose of them so long ago?

Are there other issues you can identify that I should consider in starting his probate process?
Submitted: 10 months ago.
Category: Legal
Expert:  Ray replied 10 months ago.

Ray :

Hi and welcome to JA. My name is XXXXX XXXXX I will be assisting you today.I appreciate the chance to help you.

Ray :

Here unless the deed had specific language that grated a right of survivorship you would have to make application for probate for your brother.

Ray :

There are a couple of possibilities here as far as medicaid. A homestead is exempt here for medicaid purposes so its possible he claimed it as his homestead.It is also possible here he omitted it from his application and committed fraud.Since he is deceased it is unlikely they would discover it at this point.

Ray :

You are going to have to open court supervised probate and be named personal representative.Once this is done you would need court approval to sell the property.In that situation either you can purchase his interest or sell it all.The state would get his share and it passes to the heirs at law under the laws of intestacy.

Ray :

It is more probable that he omitted it from his application and the state never caught it.Sometimes with jointly owned property they miss it.While it is possible the state could assert a lien they would have to do that once probate is open and chances here are real remote.

Customer:

Thank you! It was not his homestead. That I am clear about. This is concerning to me. Should I notify anyone? Does the publication of the probate serve as notice to the State too?

Ray :

You would wait and see if they contact you once probate is opened.

Ray :

Here is information about how the process works in Utah.

Ray :

You might also want to visit the county real property records to verify no liens on the property so far.The clerk can help you with that.

Customer:

Thank you!!

Ray :

You are so welcome.

Ray :

I wish you good luck with probate.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29414
Experience: 29 years in civil, probate, real estate, elder law
Ray and 11 other Legal Specialists are ready to help you
Expert:  Ray replied 10 months ago.
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Ray" .


Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions