Legal Question in Wills and Trusts in Massachusetts
if a car was willed to me can the state take it from me for reimbursed medical bills incurred by the deceased?
Asked on 1/29/14, 4:39 pm
1 Answer from Attorneys
Denise Leydon Harvey
Harvey Law Offices
Generally speaking, MassHealth does not seek reimbursement from personal property, including an automobile. Generally speaking, someone who was receiving MassHealth benefits for long term (nursing home) care would not have bank account assets over $2,000, so any claim would likely be made against any real estate the deceased owned. If you are not the surviving spouse, you may need to file a voluntary administration statement with the probate court in order to have the automobile (and any other assets, assuming they are less than $25,000) transferred in accordance with the terms of the will. Good luck -
Answered on 1/30/14, 5:53 am