I just closed a probate case that could have been avoided — and it cost the family dearly.
The person had received Medi-Cal benefits during their lifetime. After they passed away, the State of California filed a Creditor’s Claim for $564,321.32 to recover those costs. Because the estate went through probate, the executor was legally required to pay the State.
What went wrong?
The deceased had gone online and purchased a Living Trust, but they never signed it. That one missed step made the trust invalid, which meant their estate went to probate. And because it went to probate, the State was entitled to reimbursement for the Medi-Cal services provided.
This entire situation could have been avoided.
Had the trust been properly signed, and had all the assets been titled correctly, the estate would not have gone through probate. And when you avoid probate, you also avoid Medi-Cal estate recovery.
That’s one of the many advantages of working with an attorney:
Your legal documents are properly signed and executed.
Your assets are structured to avoid probate.
Your family is protected from avoidable losses.
If you or a loved one is receiving Medi-Cal, or if you want to ensure your estate stays out of court, give me a call. One conversation could save your family hundreds of thousands of dollars.
