Legal Question in Wills and Trusts in Alabama

My mother passed after less than a year in a nursing facility. She had applied for and received Medicaid assistance. She has a house that has been on the market for sale for almost a year without anyone even viewing the house. The house is a decent house but over priced for the area it is in, and will not bring the tax appraised value. There is another property that she has let a sibling live in that is also greatly overvalued with no chance of sell at its current appraised price.

I know that Medicaid determines the selling price, by state tax appraisal value, but If the value of the first house could cover her existing expenses if sold at a lowered price. Would we be allowed to sell the more valuable property for less (Which is probably a price that it would sell at) as long as it would cover these expenses, and keep the sibling in the other property?


Asked on 7/25/10, 12:54 pm

1 Answer from Attorneys
Dean Stein Harville-Stein Law Offices, LLC

You should contact Medicaid. Also consider if there are other resources for paying off Medicaid's liens, to own the properties free of the lien. If the properties are for sale, you or someone else must have opened a probate estate for your mother, if you have an attorney for that estate, you should consult them. This response is to provide general information, is not legal advice, is not intended to constitute legal advice to the reader and should not be relied on as such, nor is it intended to create an attorney-client relationship. ALABAMA RULES OF PROFESSIONAL CONDUCT REQUIRES THE FOLLOWING STATEMENT: "No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."

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Answered on 7/25/10, 4:59 pm


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