Legal Question in Wills and Trusts in California
Will Medicare or Medical attach estate?
My mother-in-law recently passed and family members are wondering when her house is sold, will the State place a lien on the monies made from the sale for repayment of any medical bills? This mostly refers to the use of Medicare or Medical.
3 Answers from Attorneys
Re: Will Medicare or Medical attach estate?
If your mother in law received Medi-CAL (NOT Medi-CARE) then the state does need to be paid. If they aren't paid they could come after the bene's later. I suggest putting the Department of Health Services on notice of the death by sending a copy of the death certificate. If there is no claim the Dept. of Health will send back a letter stating there is no claim. Best of luck to you! -John Palley
Re: Will Medicare or Medical attach estate?
Was your mother's home in a trust or does a probate need to be opened. If a probate, then the state has to be noticed of the death, and given an opportunity to file a claim. Somnetimes they don't, and sometimes the amount can be negotiated down.
Re: Will Medicare or Medical attach estate?
Medicare does not put any liens on the proceeds.
If your mother-in-law was a MEDI-CAL receipient, medi-cal may have a lien for benefits paid after 55 years of age. However, there are several exceptions to the lien. I would need more specific information to give you an exact answer. Feel free to email me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
