Legal Question in Wills and Trusts in Florida
Florida Medicaid Estate Recovery
In Florida, what definition of ''estate'' does Medicaid use when doing estate recovery? Does Florida use the expanded definition allowing claims on assets in trusts and life estates or do they claim on the probate estate only? Do they put liens on real estate that passes outside probate?
1 Answer from Attorneys
Re: Florida Medicaid Estate Recovery
At death, Medicaid has the right to file a claim against the decedent's estate. Any asset which is subject to the claims of creditors is subject to their claim. Probate assets and assets belonging to the decedent's living trust are subject to those creditor claims. Assets which pass by operation of law, such as real estate held with right of survivorship, joint accounts, assets with a designated beneficiary, remainder interest in real estate where the decedent had only a life estate, normally pass outside of probate and are not then subject to the claims of a decedent's creditors.
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.
