What is the state entitled to recover regarding an estate and Mediciaid benefits?

UPDATED: Jun 20, 2013

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What is the state entitled to recover regarding an estate and Mediciaid benefits?

My mother passed away a few months ago. She had quitclaimed her house to me 3 1/2 years ago. She was low income and receiving Medicaid benefits.I recently received an estate recovery questionnaire from the Dept of Health Care Services requesting info regarding her assets at the time of death. She didn’t have any assets at her time of death. Will the state try to come after the proceeds if I sell the house even though she gave the house to all those years ago. Also, if there are no assets, should I still submit the questionnaire?

Asked on June 20, 2013 under Estate Planning, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your mother had no assets upon her death or very little, the state is essentially entitled to nothing or very little. The state would not be entitled to any money from the sale of your home.I would respond to the state's inquiry in writing in full answering all questions honestly.

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