Legal Question in Wills and Trusts in Florida
My mother has been in a nursing home for 5 years, and recently passed away. We were not able to sell the house while she was living because of Medicaid. Can we sell the house now, or is there a waiting period because of the Medicaid? The house is in Florida.
2 Answers from Attorneys
You will not be able to sell the house until you go through a probate process. Medicaid can (and probably will) file a claim in the probate action, but the home passes to heirs free of any claim they might make. Since Medicaid is a creditor, it will take several months to complete the process, so the sooner you start, the sooner you will be able to sell. Frank Pyle www.ReasonableProbate.com
Sorry to hear of your loss. If you are in the Jacksonville area, please contact my office for an appointment. I will be glad to speak with you about the process.
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