Legal Question in Wills and Trusts in Tennessee

my mom and dad are both in a nursing home in tn medicaid has a lien on their home. they have a will. can medicaid still take the house and if so is there any way to keep it?


Asked on 7/07/10, 9:51 pm

1 Answer from Attorneys

Mike Adams Williams, McDaniel, Wolfe & Womack PC

When you mom and Dad are both deceased Medicaid (TennCare in TN) can cause the house to be sold so that Medicaid gets reimbursed up to the amount Medicaid paid in benefits during your parent's life. If there is any money left over after the paying Medicaid, then they beneficiaries under the Will, get what is left. Nothing you can really do now, but you can try to settle for a lesser amount with Medicaid when your parents die. Medicaid will take less than the amount claimed if they do not have to force a sale. Of course that requires having some money to offer them. Sorry i couldn't help more.

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Answered on 7/08/10, 7:03 am


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