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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 40993
Experience:  Texas Attorney for 30 years dealing in real estate
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Can the state of md make me sell my house or put alien on it

Customer Question

can the state of md make me sell my house or put alien on it if my mother's name is ***** ***** house and she had to go to a nursing home and has since died now the state what me to pay them possibly 48 thousand dollars they are saying it's considered an asset, we 've been buying this house since 1993 it's not paid for I'm still paying for mortgage and up keep.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome e to JA. i am Ray and will be the expert helping you today.

I am so sorry for the loss of your mother.Maryland can put a lien unfortunately if she was on the title.It made her an owner unless there was a joint tenancy with right of survivorship.

In that situation the title passes yo you at her death and not through probate.If you have to file probate they can assert a creditor claim against her interest and force a sale of the property.You are entitled here to repayment of the entire amount of payments you have made, this may mean the state does not get paid.

In general, a claim in an estate is barred if not properly presented by the claimant within six months following the decedent’s death. The State Medicaid administration, however, may make a claim within six months following the appointment of the Personal Representative of the estate, even if such time is more than six months after the date of death.

Also, State claims for reimbursement of Medicaid benefits paid for certain state hospital costs have a higher priority for payment than other claims in an estate. If a Personal Representative disregards ***** ***** where there are insufficient assets to pay all the estate creditors (as is generally the case in an estate of a deceased Medicaid recipient), then improper payment of claims could result in the Personal Representative incurring personal liability for any shortfall in the payment of the State’s Medicaid claim.

I would urge you to have a local probate lawyer review this to see if you can work around the claim/lien here.Often you can recover your funds ahead of medicaid if done correctly or you can claim hardship.But this is going to be a problem if your mother was a tenant in common , Mary and Bob or Mary and Sue for instance on the title rather than as joint tenants with right of survivorship.For a joint tenancy it has to clearly state JTWROS on the deed.

Again this is not hopeless but you will need a local lawyer to get you funds ahead of mediciad here and they can force a sale.I wish I could tell you otherwise but this is going to be a problem here unless it was a JTWROS.

I appreciate the chance to help you today.Please let me know if you have more follow up, it is never a problem.

Expert:  Ray replied 1 year ago.

Thanks again.

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