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Medicaid, lawyers and probate grrrr
shardy
Posted: Friday, March 17, 2017 6:49 PM
Joined: 12/14/2011
Posts: 451


Mom passed last October. 

We had done all the preplanning that we could... at the time of her death she owned only her clothing, jewelry etc..

We had transferred everything out of her name shortly after Dad passed, 12 years ago , ...about 5 years ago she had a doctor's visit covered by Medicaid and she found out it was Medicaid and had a fit... the rest of her life Medicaid was never used again...

We placed a value of $1500 on all her earthly  possessions..... the dollar amount didn't make us probate it... the will was drawn 15 years ago, long before dementia set in.....

In Missouri apparently if a will is not filed with in one year it is null and void...a sister made the mistake of saying she would wait the year out and then put a claim in for "her share" and challenge the transfers that were made...so it had to be probated...

Only 2 attorneys in the small town..we went to the one that drafted the will.... $1000 later he had a form..with the wrong date and county....we got it corrected..walked it across the street to the courthouse where he had it stamped..walked back across the street and Medicaid had already put in a claim.. they wanted $406... the entire visit including going to the courthouse was 15 minutes...

 That was just after Christmas, we never heard or spoke with the attorney again.. approximately 27 unanswered calls, multiple messages left, letters etc......to date we have still not heard from him.

We called Medicaid explained Moms estate and the woman said they don't go after clothes and jewelry, the debt would be forgiven...the lawyer needed to send a form....January passed... still no contact...Medicaid woman called again, we explained situation....February passed... she agreed to fax us the release....we took it to the courthouse ourselves and the clerk of court took it to judge....last week we got the closing papers... it's over...

Wished we had just done it all ourselves... $1000 for a printout ....and the attorney... still haven't heard from him.... I saw on yelp where he took $2000 from a guy and did nothing....wish I had looked before assuming he was the man to see... I know better....

So just thought I would stop in and vent a little and say, Medicaid doesn't take everything, you can't trust all lawyers, you can probate a will yourself...

We're planning a trip back to Missouri the 15th of May ...you can probably guess where one of my first stops will be....I'll let you know how it goes...

Shardy 

 


jfkoc
Posted: Friday, March 17, 2017 7:05 PM
Joined: 12/4/2011
Posts: 21131


I would file a report with the MO Bar Assoc...if nothing else it would make me feel better.