Legal Question in Wills and Trusts in Oregon
deceased mother's estate; she was on medicaid
Dept. of Human Services in a letter two months after her death, says they have a claim against her estate, which was not probated, and they say they have top priority next to burial expenses. They want me to send them her bank statement and a payment for the value of all assets, which is less than $2000. Do I legally have to send this because she was on medicaid and if not, can they still take me to court or anything else?
1 Answer from Attorneys
Re: deceased mother's estate; she was on medicaid
Oh yes. That is part of the deal with Medicaid. She pledged her assets to enable her to get the free medical assistance. With that said, there are some exceptions to the Feds taking her house if there is one, so it is best to talk to an Eldercare attorney to see if your specific situation will apply to the rules.
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