Legal Question in Wills and Trusts in North Carolina

If you have an elderly parenty who received Medicaid, by law Medicaid is mandated to seek recovery when that person dies.

I am curious as to why you cannot sell the home. You can sell it - its just that Medicaid has to be repaid out of the sale proceeds; you will get the excess. You can satisfy Medicaid out of other assets, but my guess is that there may not be any other assets with which to pay Medicaid.

You do not indicate when your mother died or if she had assets justifying probate. You also do not indicate whether you are the personal representative. The personal representative (or the person who would be personal representative if there was a probate estate) should pay to consult a probate attorney in the county/state where your mother lived at the time of her death or owned real property. Allow the attorney to review the will and estate assets and debts and discuss your options.