My Dad went into a nursing home where he lived for over year before he passed away. He also used Medicaid to pay for his care. Does Medicaid have rights to his property? There's also a mortgage over $65,000 left on the property. My question was would I be able to purchase the property at the mortgage price if my siblings are okay with that idea? Or does Medicaid have a lien on the property?
You can purchase the property for the outstanding mortgage (paid to the bank) PLUS the amount of the lien (paid to Medicaid at the state level).
It could take several months before Medicaid figures out how much they want to charge off on the property. Talk to an attorney specializing in Medicaid recovery.
Both when he was in the NH for a year and now for however long it’s been since he has died?
If not, Medicaid estate recovery is the least of your problem, imo, as the mortgage may have already been called in. Mortgage co don’t let payments get arrears more than 3 months or so before issuing noisy “foreclosure is upon” you letters. Has someone in your family kept up with this?
Mortgage holder has a SECURED claim on the property.
They are the priority when it comes to debts against dad when he was alive or against his estate now that he’s deceased.
Medicaid / MERP is an UNSECURED claim against the estate.
Where MERP stands really is very interdependent in my experience on if probate is opened & how probate & property rights are done for your states laws. Like for TX, probate is a Level of Class by Claim process & MERP is a class 7 Claim and Classes 1 - 6 are priority of payment or distribution of assets before any Class 7 claim.