[WSBAPT] Medicaid issue in probate

Sharon English senglish at ylclaw.com
Wed Jan 21 13:56:10 PST 2015


If a person currently on Medicaid (with absolutely zero assets other than a monthly SS check) is going to receive a sizeable inheritance at some point (i.e. the probate in which he is an heir has been opened for some time, but no assets yet distributed, and no indication as to when assets might be distributed due to pending disputes), and the person on Medicaid dies before any assets have been distributed to him, would the state have the ability to file a claim in the pending probate in which he is an heir?

I have had this question come up recently and already know to advise the person to seek the advice of a Medicaid/elder law expert, but nonetheless would like to give the PC some information if possible.

Sharon English
Attorney at Law
YOUNGLOVE & COKER, P.L.L.C.
1800 Cooper Point Road SW #16
Olympia, WA 98502
(360)357.7791 (phone)
(360)754.9268 (fax)

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