Legal Question in Wills and Trusts in Florida
medicaid and probate
Can medicaid take funds received from a sale of property of a deceased-person of whom the house was never deeded?
Asked on 11/02/03, 2:50 pm
1 Answer from Attorneys
Frank J. Pyle
Probate Attorney Throughout Florida
Re: medicaid and probate
Medicaid has the right to file a claim against the estate of a decedent, just like any other creditor. After payment of administrative expenses, funeral expenses of up to $6000, and expenses of final illness (last 60 days), most claims go into the pot to be paid out of the remaining assets. Some assets are not subject to creditors, such as the decedent's homestead, if passing to his or her relatives. Hopefully this answers your question, as I do not understand your comment "of whom the house was never deeded".
Answered on 11/02/03, 9:38 pm