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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36937
Experience:  30 years in civil, probate, real estate, elder law
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Background The following occurred is the State of Utah.

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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?

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 and 7 other Legal Specialists are ready to help you
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