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legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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My sister died in 2013 and was on Medicaid. She owns a

Customer Question

My sister died in 2013 and was on Medicaid. She owns a house. What do we have to do to sell it?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Ohio
JA: Has any paperwork been filed?
Customer: yes, everything is done but selling of the house.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, don't think so.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  legalgems replied 9 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 9 months ago.

My sympathies for your family's loss; has the Medicaid's estate recovery program been notified?

Customer: replied 9 months ago.
but the lawyer doesn't act like that matters
Expert:  legalgems replied 9 months ago.

Medicaid has an estate recovery program, where the department is entitled to reimbursement for any expenses paid on the decedent's behalf. They will send a notice to the heirs if they intend to pursue the claim; however, the state must pursue collections within 90 days from the date they receive notification of death:

As such, after 90 days the claim would be time barred.

In order to sell property owned by a decedent, if there is no trust and the home was not held as joint tenants with right of survivorship, an interested party (family, heir, etc) would need to petition the court to be appointed as personal representative. They would then inventory the assets, and distribute them according to the will (if no will, then via the laws of intestate succession). This explains the process of probate:

Generally the house is sold, and the proceeds distributed to the respective heirs.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 9 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.