Legal Question in Real Estate Law in Missouri

can state sieze mother's home after her death

My mother owns her home.She receives aide from the state(Medicade). After her death,can the state sieze her home to recapture money aided to her? If so, is there any legal way to prevent this?


Asked on 1/20/03, 11:31 pm

1 Answer from Attorneys

Re: can state sieze mother's home after her death

Whether or not a medicaid lien has already attached to the home, or will attach in the future, is very dependent on the facts. Does your mother currently live at home, or is she in a nursing home facility? If she is still living at home there are things you can do to prevent a medicaid lien from being attached to the property upon her death. As these situations are fact-dependent I suggest you hire an experienced attorney to review your mother's particular situation to give you recommendations on how to proceed. The money you spend for an hour or two of an attorney's time could save you tens of thousands of dollars, depending upon the value of the home. If you live within driving distance of Kansas City, feel free to give me a call and I'd be happy to assist you.

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Answered on 1/21/03, 10:10 am


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