My condolences to you on the loss of your father. If your father was receiving Medicaid benefits for nursing home care prior to his death, then by federal and state law the state must attempt to recover the benefits paid from your father's estate after his death. Georgia defines an "estate" for this purpose fairly broadly. This has nothing to do with having a Will or not.
The Medicaid claim is one of a number of potential claims which must be paid out of the estate before assets can be distributed to any heirs. If your father did not have a Will, you, as a child, should be one of his heirs. However, that does not necessarily mean that you will receive any assets. If your father's debts, including the Medicaid claim, exceed the value of his assets, there will not be anything left for his heirs. If you have concerns about whether the estate is being handled correctly, you should contact an attorney who can then go over the facts and help you figure out what questions to ask.
Answered on Oct 02nd, 2012 at 11:21 AM