Legal Question in Real Estate Law in California

Re: Family member as care taker left home of deceased

Based on the limited facts, it sounds as if Medicaid, not Medicare is purusing a claim for nursing home expenses. Your course of action depends on whether, after your mom's death, your father put solely your sister's name on the deed or whether he retained any interest. Medicaid can only make a claim for the property your father owned at the time of his death.

While the federal Medicaid laws govern, each state administers the program. You need to personally consult with an attorney licensed in the state where your father received his medical care. Take the deed and the documents from Medicaid for a full and accurate assessment of the potential liability.

Good luck.

Re: Family member as care taker left home of deceased

In California, it is actually MediCal. They have the right to be reimbursed from your father's assets. They also have a "look back" period, to see if assets were transferred in order to avoid reimbursement of the medical costs.

The system is designed to pay for those who have no assets, rather than those who have some assets.

Re: Family member as care taker left home of deceased

Your sister's "lien" on the premises for her actual services and expenses; and her promise to care for..., in exchange for the property. might be arguable, sufficient for her to retain her interest in the premises, if the transfer was less than 3-5 years before the Public "picked up" the bill.

Good luck,

Phroska L. McAlister,ESQ

Re: Family member as care taker left home of deceased

Likely it is MediCal who is seeking reimbursement, and they have that right; if your father had assets, those assets are supposed to be used to pay for his care. Think about it: if every person could get years of free medical care without first exhausting their own assets to pay for that care, the state would quickly be bankrupt. Hopefully, your sister cared for your parents because she wanted to, not to profit.