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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118688
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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If house and land in deceased parents has never been put in

Customer Question

if house and land in deceased parents has never been put in heirs name and one of the inheritors is in hospital and needs to be on medicaid, is already on medicare and the other heir is power of attorney of deceased parents of estate, and has never been probated in court, how can the heir who is power of attorney of the estate keep hospital from getting the home and land.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Because the property was not probated in a timely manner and multiple heirs are involved, you would be mandated to hire a local probate attorney and they now have to file a petition for probate in the probate court and will have to have an administrator named and proceed through the court to have all of the heirs named on the property.
Since the home and land is a joint tenancy, medicaid will not take the home or the land, they will put a lien on it, but they cannot interfere with the other heir's rights in the home so all medicaid can do is wait for the house to be sold to try to collect the lien and most times they forget about it and the lien expires and they never get to collect.
I am afraid though you will need to get a local attorney now to represent the estate and open probate to get the land cleared and title fixed.