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Guest

my mother had a stroke 3 yr ago which left her unable to speak, and paralyzed left side, 3 month stay in rest home for some rehab, we got her home and my wife,me father and bro. helped , he got cna few hrs a day . anyway dad died suddenly this past oct with lung cancer mom died 3 weeks later. thet left no will, now have recieved a letter from medicaid wanting reimbursement, question is since dad passed first leaving no will doesn t that divide his assets into 4 , can t medicaid only get our mothers part of inheritance? i hate to see everything he worked for be sold.

cupplesjonathan71 · Joined: 04 Nov 2009 Posts: 82 0.00 Dollars($)

in absence of any will, you and your brother will be legal owner of property. you need to submit affidievit of heirship along with their death cerificate in local office.

smithsussane · Posted: Fri Jan 01, 2010 11:38 pm Post subject:

Hi Guest!

Welcome to forums!

Both your parents are deceased and they haven't left any will. In this case, any transfer of property now can be considered as fraudulent by Medicaid. In my opinion, you should contact an attorney who is an expert in the Medicaid laws of your state and take his opinion in this regard. He will be the best person to help you in this regard.

Feel free to ask if you've further queries.

Sussane

raymond · Posted: Sun Jan 03, 2010 3:39 pm Post subject:

You need to contact an Estate Planning Attorney, because the question you're asking is comprehensive and we're all guessing. This is my guess:

The Estate will need to go through the Probate process, and after that, after its been determined who will hold Title, that person (those people) will have to pay Medicaid back what's owed them for providing Long Term Care provisions. The house will be sold to recover the money if they're unable to come up with the money.

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both parents passed without a will