Saint Louis, MO asked in Estate Planning, Real Estate Law and Probate for Missouri

Q: when will the state take assets?

My mother took care of my grandmother for 3 years prior to my grandmother moving to a nursing home where she died on Medicaid after an additional 4+ years. It has been 3+ years since my grandmother’s death and my parents have not put the my grandmother’s house on the market. My Mom claims the state will take the house from her (she does not live there though house was I believe co titled in her name). Will that state take it

Or come after her for the asset?

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: Your mother is correct. When the home is sold the state is entitled to take as much of the sale proceeds as necessary to reimburse itself for the cost of care that it provided to your grandmother. This often amounts to all of the proceeds.

This is so sad because, had your mother or, even better, your grandmother consulted an elder law attorney while your grandmother was still living there are things that could have been done to save the house.

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