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To: rdcbn

I wonder if it was fully probated? My lawyer told me that many times no one wants to probate and estate, and sometimes houses just sit and deteriorate and fall down.

He had a client who contacted Medicaid and asked them if they would take the lead, because no one in the family wanted to. Medicaid said no, that they would not file their claim until after a claim was filed with probate.

Also, their are some people who quietly transferred the ownership of their home to their children years before they went on Medicaid, so that it would not be an asset in their estate. A real estate agent had my Grandma do this when she sold the farm and bought a little house in town, just in case.

At one time there were lawyers that went around writing trusts to help people avoid their homes being pulled into the estate for settlement of Medicaid and other creditors. However laws were written to make that illegel IIRC.


31 posted on 04/13/2014 1:00:30 PM PDT by greeneyes (Moderation in defense of your country is NO virtue. Let Freedom Ring.)
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To: greeneyes

On the transfer to family or someone else prior to medicaid, there is a look back period. Don’t recall if it’s 3 or 5 years.

If you transfer within that time frame they can still try to recoup your medical costs. Have to get the transfer done early.

Trust does not protect the asset.


32 posted on 04/13/2014 1:03:30 PM PDT by morphing libertarian
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