Can We Sell Dad's House?

by Martha
(Missouri )


My dad died while on medicaid. he had an estate but home wasn't paid off. My brother is disabled and lives in the home and is paying the mortgage. If he moves out since its been over a year since we were notified from medicaid. Can we sell the house free and clear? We live in mo.


Upon the death of a person who was receiving Medicaid benefits in a nursing home, the state must file a claim against the person's estate for the money it spent on their care. However, if the deceased person is survived by a spouse, a child under age 21, or a disabled child of any age, then so long as such person is living, no such recoupment can be made against the estate.

It is irrelevant whether or not the surviving spouse or child is living in the home. However, once that spouse or child has died, the state may then file its claim. But as a practical matter, the estate may be gone by that point, leaving the state without any way to satisfy its claim.

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Marquette, Michigan
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