Brooklyn, NY asked in Real Estate Law, Estate Planning and Probate for Massachusetts

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 -

1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Probate Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.