Q: My uncle passed away 11/21. He left his estate to my grandmother and her disabled daughter. His wife was the executor
His wife decided to sue for half of estate.My nana passed away 02/22 while in the nursing home. TennCare immediately put a lean on my uncles estate. Judge ordered all assets to be auctioned. My aunt, whom is disabled still resided in the home. How can TennCare sieze property if a disabled person resides at residence. The property was intended to be home always for my nana and aunt. Yet she was forced to move into a nursing home. Making her homeless with no hope of ever getting out. How is that legal?
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A: Daughter was not an owner of the property, so TennCare Lien against Uncle had priority against any heir of his. The Estate was the place to fight the Lien. Everything is apparently over now. Probating the Estate was the mistake, as Spouse could have got a year's support, third of property, etc. without Probate and there might not have been a Lien.
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