Legal Question in Wills and Trusts in Louisiana
State of Louisiana is seeking to take our father's estate which includes our family home for repayment of medicaid. The repayment is way over what the property and his estate is worth. Our mother died 6 years prior. No surviving children has name on home. No one lives on the property, but we do travel home for holidays to be together. We, as the siblings, have tremendous sentimental value in the home. We did not know the state can do this. Do we have a case to fight the state of Louisiana?
2 Answers from Attorneys
The State is mandated by the Federal government (which funds Medicaid) to recover money paid to Medicaid recipients from the decedent's estate.
You may be able to negotiate a deal with the Medicaid administrator. That's worth a try.
I agree with Mr. Maguire, and I would add that you father only owned 1/2 the property, so the lien is only on his 1/2 interest. Your mom owned the other 1/2 and you and your siblings have a right to that 1/2. Good luck.
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