Legal Question in Real Estate Law in California

Can the state of Califronia put a lein on my house for my mom's medical bills? She didn't have insurance at the time she went to the hospital. The state is saying that we owe the money since she passed away and there was a little equity in the house at the time of her passing.


Asked on 6/12/11, 11:54 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I have a feeling there is something that you are not telling us. Normally MediCal has an Estate Recovery Unit that will pursue a claim against the estate. Heirs are not subject to liens, unless they have taken property or a distribution of property from the estate without settling the outstanding claim from MediCal. You must have somehow transferred the home from your mother to you, in a manner that as of yet is unclear.

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Answered on 6/12/11, 12:41 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes, more information is needed. Did the house pass via you mother's will, by the intestacy rules, through a trust or by being held in joint tenancy? If it passed by will, was there a probate proceeding? I think the state will prevail, but explaining exactly why requires more information. By the way, the state also has more general laws (outside of MediCal) that make adult children responsible for their parents; and, it is a general principle of probate law that an estate should pay the bills and claims before distributing property to heirs.

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Answered on 6/12/11, 2:18 pm


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