Q: Grandmother died 9yrs ago and her Son never Probated the Will. Medicaid will recover from sell of the house/land.
Does the Will need to go thru GA probate if heirs have no right to the house anyway due to lien from Medicaid? Family is wanting to sell the house and estate is still in the name of the deceased. Son is the executor of the Will.
A:
You need to consult with a local probate attorney. There are reasons to probate, and reasons why you might NOT want to spend the money to probate, but it is very fact specific and you need real legal advice not something from a Q&A forum.
This SHOULD have been determined 9 years ago, but at this point, it isn't that the heirs have no 'right' to sell the house, but the question is 'will they get anything financial from it if they do?' Seek local legal help from a Probate attorney!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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