Legal Question in Wills and Trusts in California
Dementia and my Dead Beat Brother
Three months before my mother passed away in 1994 she trust deeded the family home to my oldest brother. She had been diagnosed with chronic dementia since 1984. Her will, executed in 1986, divided everything equally between us (brother and sister). To maintain family harmony I did not protest the deed with the agreement when my brother passed away the house would automatically go to me as I am the only surviving heir (no children, other spouses, etc.) To my suprise my brother was on medi-cal the last 2 years before he passed away July 2002. Now I'm being told when the home(approximate worth $186,000) is probated the State will file a lien to recover all medical expenses. The home is all that is left in my family and my mother and father wishes were to keep it there. Will we lose all since my brother did not have private insurance and chose medi-cal. This is our family home since 1956.
2 Answers from Attorneys
Re: Dementia and my Dead Beat Brother
There is a way for you to retrieve the property, through a probate court procedure. Please feel free to contact me, if I can be of assistance.
Mina Sirkin, Esq.
Certified Specialist, Estate Planning, Probate and Trust Law.
818-340-4479
Re: Dementia and my Dead Beat Brother
Check with an attorney experienced in Medi-Cal issues--there are some limits to what the state can collect, and some narrow exceptions. Beyond that, we've had some success in negotiating the liens down. The bad news is that there will likely be money owed to Medi-Cal, but have someone advise you before it's paid, as their collection department does not always have accurate figures or an accurate understanding of the law.
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