Legal Question in Wills and Trusts in New York

My mother passed away may 2014 then my father passed away dec 2014 both were on medicaid. My father was a home owner who left the house to the kids. I was the executor of the will the house was the only asset . when i probated the will i received a debt notice 4 months later from the city stating my father owed $100,000 to the city for medicaid the house was sold just after . the city never followed up and i was wondering if there is a statute of limitations on debt collecting from the city for medicaid debt.


Asked on 5/03/17, 1:27 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

It's a great question but unfortunately not one with an absolute straight answer. There are a lot of exceptions to the Medicaid estate recovery rules and also there are the Surrogate Court rules regarding creditors of the estate to consider. I'm afraid your question has too many nuances (and is too important) to be answered in this simple website format. There's a lot at stake; don't be penny-wise and pound foolish: see a lawyer in person and present the facts and paperwork and that's how you'll get the answer to your particular fact pattern. There's $100,000 at stake, don't mess around trying to get free legal advice on the internet.

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Answered on 5/03/17, 3:38 pm


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