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Questions Answered by Joshua N. Daly
2 Answers | Asked in Real Estate Law and Probate for Pennsylvania on
Q: At what point during probate process can deceased persons name be removed from deed for joint-owned property

The deceased did not have a will and died four years ago but the estate was just opened in January.

Joshua N. Daly
Joshua N. Daly
answered on Mar 1, 2022

If the real estate was jointly owned by two people as "joint tenants with the right of survivorship" or as "tenants by the entirety", then the real estate is considered to be a "non-probate" asset, and will not be controlled or affected by the Will. So at any time,... View More

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1 Answer | Asked in Estate Planning for Pennsylvania on
Q: Trust owns house

Revocable Trust owns house in with trustees were originally my mother and stepfather. They established this in 2007. They were the settlors and trustees. She passed in 2018. He passed in 2021. Successor trustee is me. Can Medicaid take house in estate recovery?

Joshua N. Daly
Joshua N. Daly
answered on Feb 26, 2022

Since it was a recovable trust, and not an irrevocable trust, the trust assets are most likely available to the Estate Recovery Program. However, I strongly recommend taking the trust document to an estate planning or elder law attorney to confirm as much, and also to determine if your parents... View More

3 Answers | Asked in Estate Planning for Pennsylvania on
Q: Life Insurance and estate recovery

Can Medicaid Estate Recovery go after life insurance that has already been paid out to beneficiary?

Joshua N. Daly
Joshua N. Daly
answered on Feb 26, 2022

Generally, no they cannot, unless there is no named beneficiary on the policy, or, if all of the beneficiaries are deceased. Even if there is no named beneficairy, some policies may specify a "default" beneficiary, such as wife, children, etc.

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