Friendsville, TN asked in Elder Law and Probate for Tennessee

Q: How can they avoid or lessen the estate recovery?

Like: My parents have lived in their home for the past 39 years. But it remained in my grandmothers name even though she did not live in the home for the past 39 years. She left it to my dad in her will. Now tenncare estate recovery is coming after the home because one of her other children put her in a long term care facility. My parents have paid all debts, taxes, remodels, upkeep, etc. since they moved into the home. One parent is on disability, the spouse of the recipient. How can they avoid or lessen the estate recovery?

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Sacramento, CA

A: In situations like this, the primary concern is addressing the estate recovery claim made by TennCare. To potentially avoid or lessen the estate recovery:

1. Gather evidence to demonstrate the significant contributions and expenses your parents made towards the property, such as records of tax payments, remodels, and maintenance.

2. Consider consulting with an elder law attorney in Tennessee to assess the validity of the claim and any potential exceptions that might apply.

3. Investigate if there's a hardship waiver available for estate recovery in Tennessee; if so, your parent's disability and financial situation might be relevant.

4. Ensure that the will leaving the home to your father is properly executed and valid under Tennessee law.

5. Determine if any legal actions or transfers, like a life estate or certain trusts, can protect the home from recovery while still aligning with state regulations.

6. Address the specifics of your grandmother's long-term care and the circumstances surrounding her admission to see if any inappropriate actions were taken that might negate the estate recovery claim.

7. Consider mediation or negotiation with TennCare to potentially reduce the amount they seek.

8. Act promptly to protect your interests and rights, as delaying can sometimes compromise your legal position.

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Hire an attorney to explore the small value of the property in conjunction with a compromise cash payment to TennCare.

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