Legal Question in Elder Law in California

Medicare lein on home

Medicare documents state the fedeal government may put a lein against the recipient's home ("may" emphasized). How long after death of the recipient may the govenment assert the lein? Does this cloud title for heirs?


Asked on 9/27/00, 12:25 pm

1 Answer from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Medicare lein on home (Medicaid/Medi-Cal)

I believe you are talking about Medicaid (called Medi-Cal in California). It's a need-based government health benefits program.

The government usually does not use liens in the newer California cases. Instead, they have a claim against the recipient's estate assets (after the recipient's death). There are some exceptions, however, so a visit to an attorney experienced in Medi-Cal law would probably be worth your while to see whether any planning might save some of the assets.

If no planning is done, the government does have a right to be reimbursed out of the recipient's estate, and they do assert this right.

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Answered on 10/26/00, 2:45 pm


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