Q: What type of lawyer do I need if the executor of my mother's estate is not cooperating with me and we are being sued?
Mother was in a nursing home on Medicaid and was supposed to have her estate released to D.A.D.S upon her death. It has been 3 1/2 years and they never took properties to my knowledge. My sister is the executor and does not want to let me know what is going on. We are now being sued by the City/County of Dallas for back taxes on the property with the house. There was an additional property that has been sold after my mother's passing but I do not know who sold it.
A: 15 months after an executor is appointed any beneficiary can request an accounting. It is due within 60 days. 24 months after an executor is appointed a beneficiary who has not received a distribution can petition the court to remove the executor (assuming there is something to distribute). Contact a local probate lawyer.
Nina Whitehurst and Tammy L. Wincott agree with this answer
A:
Medicaid has an automatic lien on the property and they don't necessarily "take" it, although property sold is subject to this lien. Further an application filed for probate should state whether or not an estate is subject to a medicaid lien.
I suggest contacting a probate lawyer that represents beneficiaries and request the appropriate accounting/distribution.
Nina Whitehurst agrees with this answer
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