Elder Law Answers
How Do I Get Reimbursed from My Father's Estate for Care I Provided Before He Died?
My father recently died, and my sister is executor of his estate. An attorney is in charge of the probate and waiting for...
Read moreCan We Have a Medicaid Lien Removed From My Father's House if He Returned Home Before He Died?
- January 3rd, 2019
Q
A Medicaid lien was never removed from my father’s house after he returned home from a rehab/nursing home facility in N.Y. Now since his passing, in trying to sell the house the lien shows up. Anything we can do?
A
Every state deals with Medicaid liens and estate recovery differently, but if the house is in your father’s probate estate, you will probably have to pay off the Medicaid claim when you sell the house. On the other hand, if the house passed to someone outside of probate because of either joint ownership or a life estate (in both of these cases, ownership passes automatically at death) you may simply be able to ask the Medicaid agency to remove the lien. A New York elder law attorney can look at the situation and give you a definitive answer. To find an attorney near you, go here: https://www.elderlawanswers.com/new-york-elder-law-attorneys.
For more on Medicaid liens and estate recovery, click here.