Q: My GM died living in a nursing home.She got an unexpected inheritance 1yr after her death. Do we need Probate?
Will Medicaid expect to get reimbursed a year after and do we need to go to Probate to cash the check?
A: If you do probate then medicaid will make a claim. If the check is not cut yet see if you can get it cut differently.
A:
absolutely Probate is a must. Although Medicaid usually monitors court proceedings for the first year after someone's death.
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 1123
tel: 718-333-2394
fax: 718-701-8859
www.BrooklynTrustandWill.com
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A: You need to probate her estate in order to get the inheritance check cashed to the estate and it is entirely likely that Medicaid will make a claim. You have to do an analysis whether the costs of probate outweigh the benefits. As the other attorney posted you can see about getting the check cut differently by contacting the executor or the attorney for the person who left your grandmother the inheritance, however be very careful to ensure that what you are doing or attempting to do complies with all laws.
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