Orlando, FL asked in Real Estate Law and Probate for Missouri

Q: My brother died and his real estate was TOD to me. MO Social Services asks if he owned real estate at time of death?

I'm filling out the MHD Estate Recovery Questionnaire. How should I answer that question, yes or no? Thank You!!!

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1 Lawyer Answer
Lloyd M. Nolan
Lloyd M. Nolan
  • Probate Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: This is a tricky issue as the Missouri Department of Social Services has extensiver powers as a "taxing authority" to avoid non-probate transfers where the decedent owed a State debt - typically when the decedent was receiving Medicaid benefits. Due to the sensitive nature, I would not give an opinion or instruction on that issue without being first retained.

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