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,...Read more »
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?
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...Read more »
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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