Legal Question in Wills and Trusts in Mississippi
medicaide & life estates
in 1994 a will was made giving a life eastate of my parents home to my sister & myself. in 2000 they both had to be placed in a nursing home because of poor health.i have power of att for both, conservitorship on mom.medicare & medicaid is paying for them.they have only ss.in my state can medicaid place a claim on the house at their passing=thank you for your help
1 Answer from Attorneys
Re: medicaide & life estates
I'm not sure I understand your question, but I'll do my best to answer it. Because the life estate is created in a will, it will not take effect until death. So, until the will is probated, upon death, the home will remain the property of your parents. I'm no Medicaid expert, but Medicaid can make a claim on an estate or assets where Medicaid benefits are wrongly or inappropriately paid, but if your parents legitimately qualify for Medicaid, and Medicaid is paying for their medical care, I fail to see why Medicaid would make a claim against the property of the estate. E-Mail me if you require additional help or assistance.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
