Q: Our father didn’t have a Will - we were putting the house up for sale and now found out he owes over 100000 in medical
Bills to the state for long term facility care which he was never in one how do we go around this? It’s been impossible to get a straight answer from any attorney so far -
A: Regardless of whether there was a Will or not the Division of Medical Assistance Estate Recovery Unit has an automatic lien at the elderly recipient of MassHealth/Medicaid services death on the decedents assets. The Estate Recovery Unit can open an estate to recover the lien for said services , also. Once you receive notice of a lien you can also request a print out of the services paid for and that may elucidate the origin of the lien . If you dispute the lien as a Personal Rep for the Estate there is a time frame, limitations period for doing so and there are attorneys who specialize in dealing with MassHealth whom you should engage on behalf of the Estate if you believe there is an error. This is not really a real estate question but a probate and MassHealth /Medicaid issue.
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