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Can Medicaid Put a Lien on Property After It Goes Through Probate?

  • July 6th, 2017
Q
My mother was a Medicaid recipient who passed away in New York City less than a year ago. She owned a co-op apartment that was transferred to me after it went through the probate process. Months later, I received a letter from Medicaid saying that it was putting a lien on the apartment. Can Medicaid do this after the apartment has gone through the process in court?
A

Probate is a state-based process. For example, in Massachusetts, the state Medicaid agency is given notice of all probate proceedings and has a deadline for filing a claim. If it misses that deadline, it's out of luck. But the process may be different in your state, or a step might have been skipped. You'll have to consult with a local elder law attorney to get an answer. To find an attorney near you, go here: https://www.elderlawanswers.com/new-york-elder-law-attorneys

Local Elder Law Attorneys in Ashburn, VA

Jeffrey Hammond

Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
Bethesda, MD

Daniel Steven

Daniel N. Steven, LLC
Rockville, MD

Samantha Fredieu

Hale Ball Carlson Baumgartner Murphy PLC
Fairfax, VA


Last Modified: 07/06/2017

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