Legal Question in Wills and Trusts in Louisiana

My stepfather is in a nursing home with Medicare and Medcaid paying for his care. Their will states that the home he and my Mother own goes entirely to her at

his death. When he passes away, and if she chooses to sell the home, will she have to give the state of Louisiana any of the proceeds to cover what they paid for his stay in a nursing home facility?


Asked on 4/30/12, 9:30 am

1 Answer from Attorneys
James Maguire James G. Maguire, Attorney At Law

She probably will have to pay, and there is essentially no way to avoid this. If she stays in the home, they will leave her alone until her death. If she sells, she keeps her 1/2 of the proceeds, but Midicaid will look for reimbursement from her husband's one-half.

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Answered on 4/30/12, 9:35 am


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