QUESTION
If I received a POD account after my grandpa passed away, am I liable for paying his debts and probate estate expenses?
Asked on Mar 12th, 2021 on Wills and Probate - Missouri
More details to this question:
My grandfather passed away in December 2020. (He resided in MO) He left me his bank account POD and I received the money and have transferred it to my bank account. (I live in NM) He had no will or trust created so my brother has started a probate estate with an attorney in MO. My brother says that Medicaid may be filing a claim against the estate, and the estate may have to reimburse what Medicaid spent for some of grandpas care throughout his life. My brother said that the estate might have to repay any medical expenses that Medicaid is requesting be paid and my brother says that this may impact the money I received. Am I liable to pay back any creditors, debts owed or past due bills from the money I received in the POD account?
1 ANSWER
2 Awards
In most states Medicaid can only recover from the probate estate, the estate which passes under the Will or, if there is no Will, through a court heirship proceeding. While a few states have expanded this to allow recovery from non-probate assets, such as a POD account, Missouri does not appear to be among them.
Answered on Mar 13th, 2021 at 5:14 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.