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I'm tired of lawyers and bad advice. My mom put her house in a life estate for me back in 2008 and it has a tax value of $22,000 so the last lawyer I talked to didn't see that Medicaid would try to take it.


There is about $2,000 left from her bank account after funeral expenses and she has a '97 Buick with 100,000 miles left in her name. The check engine light is on and the shop estimates it will cost $500 to fix it. They tried to order the part back before my mom went to the hospital and the part never did come in. One person backed out on wanting to buy it because of the check engine light and another said they would charge me $300 to haul it away. I really wanted to buy it myself, but I just started a new job and I don't have the money right now.


The lawyer I talked to said Medicaid Estate Recovery will demand that I pay them what is left in my mom's bank account plus they will demand the car be sold for market value and I send them the money. It won't cover the full amount Medicaid paid for my mom's care, but the lawyer figures if they can recover $500, they'll demand it.


Should I pay another lawyer? I think I can pay 2 lawyers out of my mom's money before I send Medicaid Estate Recovery what's left.

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Just FYI, the car is in my mom's name only.
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To what point and purpose would hiring yet another attorney get you? You already have one opinion. How many more do you need? Why not just wait until you hear from the Medicaid people, and THEN seek out an attorney if you want to try and fight the recovery? You're likely going to need the rest of your mom's money to settle what's left of her estate - for example, filing her final tax return, which is your responsibility as her executor, and is considered a part of her "final expenses" - why throw good money after bad going to yet another attorney, especially since, as you say, you are "tired of attorneys and bad advice"?

It just seems to me that you're spending an awful lot of money - not to mention time and stress!- on a 20 year old car that's just not worth that much... I get your plan was to keep the car for your own use, but IF that's all that's left of your mom's estate AND Medicaid wants it, then sell it and put Medicaid behind you once and for all. It makes absolutely no financial sense to spend $2,000 to be allowed to keep a car (or any other asset) worth $1,000.
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Can you get the mechanic to create an itemized estimate for the repair (so that what's needed to be fixed is documented) and then sell car "as is" but be sure to show buyers the repair list. We have had a parade of old cars that I've sold and often when that light comes on it's the catalytic converter, so not necessary for the basic functioning of the car and most buyers can overlook it.
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Look up how your state deals with this.
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I had a whole thing written and lost it.

The one big question you really need to answer, and in all your posts I don't think you have is...are you on the deed to Moms house? Most of what you are worried about hinges on that. Whether the house was actually turned over to you or not. Is you name on the deed?

Mom was in a NH with Medicaid pending, correct? Did Medicaid ever come thru. Was her NH bill paid?

For us to help you those 2 questions need to be answered. If you are on the deed then Medicaid recouping any money is now void. If you own the house outright, they can't come after it, its been 13 years so not involved in look back. If you and Moms names are on the deed, then a lean will be placed on her half and will not need to be satisfied unless you sell or die.

Have you actually heard from Medicaid about recouping any monies? If not, then I would not worry about anything until you do. You are putting the cart before the horse. Its a questionair you fill out. Its just a matter of giving them info required. Then they come back with the findings. It could take months for this to happen. In the meantime, you get to stay in the house for now. Just keep the utilities and taxes current.

And that car! Its 25 years old and not running. I really don't think it will matter to Medicaid.

Your Mom is the person that had renovations done on her house, correct? I would read the contract she signed. There may be a clause in that where she needed to live in the home a certain length of time and the cost of the renovations is free and clear. Because she ended up in a NH not long after the renovations were started/done, she may have to pay the costs back. Which may mean another lean against the house. Please do not get upset over this. I just want to make you aware.

Congrats on your job. Hope this means a turn around for you. I would not worry about a lawyer until you get something from Medicaid. And that is a process. You get a form that you fill out. Then you get a letter telling you what Medicaid will do or wants you to do. IMO, until you get that letter and go thru the process, you do not need a lawyer until then or maybe not.

Have you been to Probate to at least get a short certificate so you can handle Moms affairs. I would think to sell Moms car you would need the short certificate. And if you end up keeping it, you need to have the title changed to you.
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Do not get another attorney. Wait until you hear from Medicaid. They, most likely, will not want the car. But, take title to it until you have a clear path forward. Be patient.

In time, you should be able to find out what the house LIEN is.

Whatever you do, do NOT sign anything, and DO NOT promise anyone that you will pay ANYTHING. These are mom's expenses not yours.
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