QUESTION

can the state of georgia seize my father's estate to pay for his nursing home bill?

Asked on Oct 01st, 2012 on Wills and Probate - Georgia
More details to this question:
My father just died and I found out that the state of georgia is seizing his home, and car to pay for his nursing home bill, medicade bill. I would like to know exactly what this is all about. I wasn't present when he went into the nursing home and don't know all of the details of his admitance. His second wife's family handled all of the paper work and her admitance at the same time. My father did not have a will to complicate things even more
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1 ANSWER

Personal Injury Attorney serving Fayetteville, GA at Wade Law Office
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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

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