Estate Law
Estate law questions? Ask an estate lawyer.
Connect one-on-one with {0} who will answer your question
Answered in 12 minutes by:
7/3/2016
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 140,690
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
VerifiedThank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Medicaid will seek to make a claim over the property for recovery of anything they paid for your mom's care. So when you settle the estate through probate court, you will have to negotiate with medicaid to seek to get them to take a lesser payoff so you can sell the house if you want you or your sister to get anything from the sale of the house. If you do not negotiate then medicaid has a right to recovery to seek all the proceeds of the house in probate upon your parents' deaths. Usually, if you use a local probate attorney though, they will negotiate with medicaid to leave you and your sister something from the estate based on the very small value of the estate and the very low value of the home and many times medicaid in KY will release the lien claims for recovery in those cases.
Medicaid will seek to make a claim over the property for recovery of anything they paid for your mom's care. So when you settle the estate through probate court, you will have to negotiate with medicaid to seek to get them to take a lesser payoff so you can sell the house if you want you or your sister to get anything from the sale of the house. If you do not negotiate then medicaid has a right to recovery to seek all the proceeds of the house in probate upon your parents' deaths. Usually, if you use a local probate attorney though, they will negotiate with medicaid to leave you and your sister something from the estate based on the very small value of the estate and the very low value of the home and many times medicaid in KY will release the lien claims for recovery in those cases.
Thank you for your reply.
It would NOT be in the will, your father needs to change the DEED to the property with a quit claim deed to add you and your sister as joint tenants with rights of survivorship.
It would NOT be in the will, your father needs to change the DEED to the property with a quit claim deed to add you and your sister as joint tenants with rights of survivorship.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 140,690
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
VerifiedLaw Educator, Esq. and 87 other Estate Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Estate Law Questions
Thank you, I don't really have any questions since I don't
Thank you, ***** *****'t really have any questions since I don't know what I am doing. I am just trying to look up how I would file an objection to the final accounting of a probate. specifically the … read more
SuccESQ
Juris Doctorate
1,297 satisfied customers
I am executor of my Mom's estate. One of my sisters is the
I am executor of my Mom's estate. One of my sisters is the Trustee for an irrevocable Trust. … read more
LegalGems
Juris Doctorate
20,547 satisfied customers
My sister bought the farm from my uncle 3 years ago and he
My sister bought the farm from my uncle 3 years ago and he left all his junk there. Now our dad passed away and he thinks he should be able to sell all the property he abandoned, like tractors. Can he… read more
Patrick H
Attorney
Juris Doctor
287 satisfied customers
My mom passed away nearly 23 years ago. My oldest sister was
My mom passed away nearly 23 years ago. My oldest sister was made executrix. My moms monetary inheirietence was settled. However jewelry and other family memoaibilia was never dealt with. In particula… read more
Barrister
Attorney
Doctoral Degree
6,741 satisfied customers
Dale I want to challenge my parents will Assistant: Thanks.
Dale Ward I want to challenge my parents will Assistant: Thanks. Can you give me any more details about your issue? Customer: Their will has been the same for 30 years. My Dad died in 2013 and no chan… read more
Barrister
Attorney
Doctoral Degree
6,741 satisfied customers
XXXXXXXXXXXX. My siblings and I are am having a problem with
HI, my name is***** My siblings and I are am having a problem with my older brother in regards ***** ***** tractor that we bought for our father. Ten years ago when my father was alive, my sibling and… read more
Law Educator, Esq.
Attorney
140,690 satisfied customers
My Father is being placed into hospice care in my home, he has been li
My Father is being placed into hospice care in my home, he has been living with me for the past 9 or 10 years. My mother passed away in 2003 without a will or trust and my sister their 2nd daughter,to… read more
Barrister
Attorney
Doctoral Degree
6,741 satisfied customers
My mother recently passed away. Over time prior to her death
My mother recently passed away. Over time prior to her death she had put me on her bank account, given me financial POA and made me her medical proxy. My sister was not the best at taking care of thes… read more
Richard
Owner
Doctoral Degree
53,741 satisfied customers
My mother recently passed. One of my two sisters is executor
My mother recently passed. One of my two sisters is executor of mom's will. The will states that her estate will be divided 33% to my sister, executor, 33% to myself, 24% to my oldest sister, and 10% … read more
Barrister
Attorney
Doctoral Degree
6,741 satisfied customers
My sister has resented my mom choosing me to be the executor
My sister has resented my mom choosing me to be the executor of her estate from the time the will was read and even said so. She has made a hard job very difficult. She crosses me at every decision an… read more
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Hello. My mother passed away 2 days ago. I have one brother
Hello. My mother passed away 2 days ago. I have one brother and one sister. We all live in different states. My mom was widowed, and lived in a different state than any of her children. I shared POA s… read more
Isaac, Esq.
Attorney at Law
Doctoral Degree
42,160 satisfied customers
My mother recently re-wrote her will and testament with a local
My mother recently re-wrote her will and testament with a local estate law attny. and in doing so opted to dis-inherit my sister. We decided to leave the hard copy binder in good faith with the office… read more
Lawyer Lori
Attorney
JD - Attorney
1,834 satisfied customers
My sister is an airline stewardess and has moved in with my
My sister is an airline stewardess and has moved in with my Mom who has Alzheimer. My sister doesn't pay any expenses. My brother and I share Durable Power for Mom. and are co-trustee's on Mom's revoc… read more
Roger
Litigation Attorney
Doctoral Degree
27,260 satisfied customers
Personal items my mother gave to me prior to her death......do
Personal items my mother gave to me prior to her death......do they go in the inventory or not? This does not include anything of value over $1000, but since it is our home ..it is not like I moved th… read more
Alexia Esq.
Managing Lawyer/Advocate
Doctoral Degree
10,115 satisfied customers
My mother has died. My parents didnt have an estate plan
My mother has died. My parents didn't have an estate plan or will. Mom was caregiver and POA for my father who has alzheimers. My sister was named next in line for POA and she has subsequently delegat… read more
Roger
Litigation Attorney
Doctoral Degree
27,260 satisfied customers
My father & mother set up a Revokable Living Trust in 1997
My father & mother set up a Revokable Living Trust in 1997 in the state of MS protecting their assets for their four children. My Mom passed in 2007. My Dad is still living but has documented dementia… read more
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
My older sister has POA over my mother after my father passed.
My older sister has POA over my mother after my father passed. My mother has Alzheimers. I live closer to my mother, and took care of her for the last year. She is now in a facility. When my sister co… read more
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
My mothers revocable living trust became irrevocable the day
My mother's revocable living trust became irrevocable the day she died, 6/4/09. I am the trustee and her daughter. My mother was married to my dad when she intiated this trust, but divorced him over 1… read more
John Legal
Doctoral Degree
3,418 satisfied customers
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).
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.
...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:
My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.
Illinois
Thanks Adam!! - A very direct and understandable response - you have been a great help!
Ellicott City, MD
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!
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.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
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!!
Atlanta, GA
< Previous | Next >
Meet the Experts:
Thomas McJD
Attorney
3,170 satisfied customers
Wills, Trusts, Probate & other Estate Matters
Barrister
Attorney
6,741 satisfied customers
19 yrs estate law, real estate. Wills/Trusts/Probate
RayAnswers
Attorney
6,613 satisfied customers
Texas lawyer for 30 years in Estate law
Ely
Counselor at Law
1,867 satisfied customers
Fully licensed attorney in Texas in private practice.
RobertJDFL
Attorney
1,618 satisfied customers
Experienced in multiple areas of the law.
P. Simmons
Attorney
1,335 satisfied customers
12+ yrs. of experience including estate law.
ScottyMacEsq
Attorney
1,334 satisfied customers
Licensed Texas General Practice Attorney
< Previous | Next >
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).
