Legal Question in Wills and Trusts in Washington

Re: house inheritance

Breathe. Medicaid will have a lien on his property that can be satisfied from the sale of the real property, but that does not mean Medicaid (actually probably DSHS) can take money from you.

You cannot be responsible for your father's debts. It is not possible. This is a black-letter law concept dating back at least a century or two.

What I'd suggest is that you use avvo.com to look for a local attorney who handles estate matters. I would strongly recommend that you go have a consult with this person, if for no other reason than to put your mind at ease.

Your father gets SSI income, correct? Does he have other income? Is there a pension? Does he have bank accounts or life insurance? Do you know for sure?

Are you being paid to look after him? Can you reasonably keep on looking after him? Is he going to need assisted care? Is the rest of his health reasonably stable?

Is the in-home care covered? Why have they been doing it for five years and is the bill a surprise to you?

These are all questions I'd want to know the answer to.

If you are his only heir, then the intestacy statutes say that you will take the house by operation of law whether or not he has a will.

Probate or ajudication of intestacy in WA is simple and straightforward.

If his estate has a lien for the DSHS services, there are exemptions available with planning.

If you were to discuss with local counsel how to set up a formal guardianship for your father that might be one route to be sure there is enough left for you when his probate closes.

This is a sorry situation, and it isn't your fault. But an hour with an attorney would likely save you a lot of sleepless nights.

Hope this helps - Elizabeth Powell