Legal Question in Wills and Trusts in Iowa

Before my step mother passed away (Aug. 2001) she was receiving home health aide services, (I'm not sure which agency provided the service) She may have been on medicaid. She owned a house, built by her father, which was paid for. Her will stated that my father could live in the house until his death and then the house would go to her 4 children. She and my father were married 35 years. After she passed, my father said he received a statement that read, $40,000.00 needed to be paid back for the home health aide services, to be paid from her estate. My father is still living in the house, and the title is in the step children names along with his "life estate" on the title. My question; when Dad passes will I owe anything? for the services. Also I am thinking of buying the home from the step children but I am worried that there may be a lien on the house. I have been unsuccessful finding out this information.


Asked on 8/24/10, 11:58 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

The estate will likely owe any funds that medicaid is making a claim to, up to the net value of the estate. As the home will be part of the estate there will be a medicaid lien on the estate proceeds that you may have to satisfy if you buy the home. You may want to consult an attorney who specializes in such matters.

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Answered on 9/01/10, 7:45 am


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