Ny Outdoorsm…, Other/Just Looking in Pennsylvania

Can a lien be placed on property in an instance of right of life estate?

Asked by Ny Outdoorsman, Pennsylvania Fri Jul 10, 2009

Hello,
I am looking for clarification regarding a family dilemma. Elderly family member A sold a house to member B about 11 years ago (mortgage was paid up). B is the deed holder, but A was added to the title for purposes of life estate / tenency so he could live there until death. Member A's health is failing, and it has been determined he should be institutionalized. He currently has little to no assets to speak of, much less enough to pay for his care. We overheard someone at the institution say they might seek to place a lien on this property that he once owned.

My question is: Can medicaid place a lien on the property that member A has right of life estate to?

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Rogov Team, , 07726
Sat Jul 11, 2009
Hello Ny outdoorsman,

On my level of expertise the following is the answer I can offer. I would suggest to consult with a competent real estate attorney. They have greater knowledge of such legal matters, and qualified to offer a comprehensive answer to your question. (As a disclaimer, I am not an attorney.)

There are several further questions I would want to ask regarding your question. Most importantly, what is the agreement contractual or otherwise that member A has with medicaid? However, bracketing that I find difficult to see on which grounds medicaid can file such a claim. Lending institutions, municipalities and mechanics (e.g. an unpaid roofer) can file liens against a property. I have never come across a lien filed by medicaid, but that does not mean they do not occur.

Secondly, member A holds title to the property for the duration of his life. Liens and claims against property operate differently in such situations. For further information it is best to consult an attorney regarding this.

Let me know what legal advice you receive.

Best

Artyom
Rogov Team
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