Legal Question in Real Estate Law in California

The mobile home I live in is owned by my brother in law, as first owner, and mother in law, as secondary owner. She will eventually be placed in nursing care with Alzheimer's. Will the state be able to seize the mobile home for payment of care?


Asked on 12/05/13, 8:26 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It is certainly true that Medi-Cal does go after real estate owned by its patients when long-term care bills are unpaid. In this situation, the picture is somewhat clouded by the question of whether the mobile home is real estate or personal property, and the fact that it is co-owned. However, the state's right to place a lien on the property is also subject to some rather broad "principal residence" requirements, which may (or may not) place the mobile home beyond the state's grasp. The law allowing (and limiting) seizures is Welfare & Institutions Code section 14006, and since it is rather lengthy, I'll suggest that you look it up on line and read it carefully to see whether the requirements are met (principal residence, etc.) for the state to seek a lien on it. Also note that with a prospective rather than a current situation, the legal, etc. outlook may change by the time Medi-Cal would otherwise be in a position to foreclose. Keep an eye on changes in state and federal health care law and policy.

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Answered on 12/05/13, 10:16 am


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