Legal Question in Wills and Trusts in Alabama

Re: Can Medicaid file claim on deceased mother's inheritance?

Typically when someone in a nursing home is on Medicaid, Medicaid places a lien on the person's property as a guarantee of reimbursement. Nothing is owed until the person dies, and usually nothing is payable to Medicaid until the property in question is actually sold. Once it is sold, however, Medicaid is entitled to the proceeds of the sale up to the amount of the lien. So, in other words, when you sell the property, if the amount you receive as proceeds exceeds the amount you owe Medicaid, then you are able to keep this excess. If, however, the property fetches less than what is owed, you get nothing and the debt is deemed satisfied.

This is a rather complicated area of the law as you can see. If you need more information, please contact my office.

Thanks!

Re: Can Medicaid file claim on deceased mother's inheritance?

Based on the information given, it does not sound like medicaid should get this, but I do not have all of the facts. You need to sit down with an attorney and go over all of the facts. You do not say whether this cousin had a will, or who is related to this cousin, nor when this cousin died. All of these things can make a difference. Meet with another attorney. If you are in the Mobile area you can contact my office at 251-450-0111.