Posted on: 17th Mar, 2009 12:14 pm
My grandmother recently passed away, prior to her passing she had signed a Lady Bird Deed , giving the property to my mother. She was in a nursing home. Now Medicaid is filing a claim against the estate. My mother is a step daughter and they are telling her that she won't qulalfy for the exemption of single adult child living in the home (Mom was there from April 2002 -Dec. 2008) providing care for her til she had to go into the nursing home. My grandmother left a will leaving everything to my mother. I would klike to know if Medicaid can put a lien on the property or force my mother to sell it. Please help. My mother is very ill herself.
Hi wdcooper,
As far as I know, Medicaid cannot file a claim against a property, if the deceased is survived by a surviving spouse, a child under age 21, a child of any age who is blind or permanently and totally disabled, or an unmarried adult child living in the recipient's homestead (who's been living in the homestead for a period of at least one year prior to the recipient's death). Thus I don't think medicaid can place a lien on the property. However, if Medicaid is saying they will file a claim, I think you should consult an attorney and seek his suggestion in this regard.
As far as I know, Medicaid cannot file a claim against a property, if the deceased is survived by a surviving spouse, a child under age 21, a child of any age who is blind or permanently and totally disabled, or an unmarried adult child living in the recipient's homestead (who's been living in the homestead for a period of at least one year prior to the recipient's death). Thus I don't think medicaid can place a lien on the property. However, if Medicaid is saying they will file a claim, I think you should consult an attorney and seek his suggestion in this regard.