Legal Question in Wills and Trusts in New York

Life estate and social service claims

Mom was accepted to Medicaid Jan 2008, died March 2009. She had a life estate which was written in 2004 and which is why she was able to get medicaid - technically she no longer owned a home. Now, social services put a lien against the house I inherited claiming I owe them $24,000 + I live in Canada and have no desire to go to court.


Asked on 6/22/09, 3:26 pm

1 Answer from Attorneys
Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: Life estate and social service claims

I recommend that you apply to the Court for a discharge of the lien. The claimant had no contract with you and your Mom did not own the house. She had a right to habitation which ceased on her death. Their claim is against her, unless the legislation says otherwise.

There may also be an issue with respect to limitations of actions. If the claimant had made a claim at the outset instead of after death of Mom, Mom would have been here to dispute it. Depending on how far back the claim goes, a portion of it may be outside the relevant limitation period and unenforceable.

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Answered on 6/22/09, 8:51 pm


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