Can the state make you sell an Inherited house to pay for the deceased Medicaid bills. The house was not directed to be sold in the will.

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Can the state make you sell an Inherited house to pay for the deceased Medicaid bills. The house was not directed to be sold in the will.

My mother passed away and her will , which has gone through probate, did not direct the house to be sold. She had no other assets. The state of Virginia has sent a letter asking for the taxed assed value of the home. Can the state make you sell the house to pay for her Medicaid expenses and if so do they have to send you a formal letter directing you to sell?

Asked on November 21, 2017 under Estate Planning, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Please seek legal help in your area asap.  Once you Mother passed and the house remained in her name, Medicaid can claim it as an asset to recoup costs.  However, some states have laws that prevent same in certain situations so you need to speak with a knowledgable attorney in your area asap.  Good luck.


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