Legal Question in Wills and Trusts in Washington

house inheritance

I recently moved into my 89 year-old father's home to take care of him. He has named me as the inheritor of his house upon his death in his will. He has no other assets and the house is in bad shape, worth only about $50,000. He is now hospitalized and medicare is taking care of that expense. If he is released home, hospice will take over, which is also covered by medicare. My question is: He has been receiving in-house care visitation for about 5 years that has been paid by Medicaid. Medicaid is indicating that upon his death they are intitled to payment from the estate for those 5 years. I am 63 and have limited income, about $1000. a month. Can Medicaid take the house? Can you direct me on how I may be able to keep a roof over my head? In addition to his medical problems he now has severe dementia so he is not capable of signing the house over to me now.

Thank you for any help you can give me.


Asked on 8/09/07, 4:41 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

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

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Answered on 8/09/07, 9:27 pm


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