Legal Question in Real Estate Law in California

Re: Medi-Cal Recovery

The Medi-Cal reimbursement rules are rather complex and always undergoing modification to close loopholes and collect funds from beneficiaries that have them. I'm surprised that you (or whomever you're writing about) has escaped a reimbursement demand thus far, given that you (or the person in your example) owned a house during the time Medi-Cal benefits were being extended.

As a general rule, I would say Medi-Cal should be seeking reimbursement from the person you are writing about, or will be seeking reimbursement from the person's estate, when the time comes.

I would add that Medi-Cal might consider the sale of the home as an attempt to hide or divert funds owed to it, even if the sale and use of the funds was for an entirely innocent purpose that actually took some of the load off Medi-Cal. They can be a persistent, humorless and insensitive bunch when it comes to collecting.

I do not work in this particular area very often, and probably attorneys that work in the area of elder law would be more up-to-date. Please contact me directly if you'd like a referral to a colleague in Santa Rosa who is an expert.