Las Vegas, NV asked in Estate Planning, Real Estate Law, Elder Law and Probate for Nevada

Q: How can I find out if Medicaid Estate Recovery will file a claim on family estate?

Nevada 1997: Grandma died testate. Her estate worth $6000. She willed it to my disabled mom who'd lived with her as caregiver for 3 yrs before Grandma went into nursing home. Grandma's attorney filed Order to Set Aside, adding that Medicaid Estate Recovery lien for $16k was "filed" after he'd filed Petition. NO lien is on file or is recorded. Long story short, disabled Mom died intestate in '08. Because she never put her name on title, Grandma is still recorded owner but her will is filed too. I'm now sole heir to estate (3700sf lot worth $5-6k.) How can I find out if Medicaid will take property when there's no lien filed? This goes back to '97, then to '08 so would MER be expired? I want to transfer title and deed into my name with an affidavit if possible.

1 Lawyer Answer
Dara Joy Goldsmith
Dara Joy Goldsmith
  • Estate Planning Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

A: Before filing you could call MERS and inquire if either your grandmother or mother owe MERS money. You would need to then file 2 Petitions for Set Aside, assuming MERS is not owed money or you are going to pay MERS to the property. MERS needs to be noticed in both your grandmother's and your mother's estates of the Petitions to Set Aside. MERS will file an objection if it is owed money for either your grandmother or mother.

Anthony M. Avery agrees with this answer

1 user found this answer helpful

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