If the money is in the sole name of the decedent it can be attached for any funds owed to the nursing home or to the government for government provided medical assistance.
I don't believe that a nursing home has the legal authority to file property liens, altho I suppose they could get a judgment from court and then try to enforce it. Medicare will pay for nursing home care for, at most, a few weeks. After that, the bill becomes your responsibility unless you qualify for Medicaid. In the latter event, the State will file a property lien and/or estate claim to recover the cost of care.
Their estate is held by the court and people are invited to make their case for a part of that estate.
Someone else will be appointed the executor. The probate court will appoint someone, usually a bank or attorney, if no one 'volunteers' to do the work.
Yes
If the property was in the name of the decedent then it became part of the estate. If the decedent owed a debt to the nursing home for care it provided that was not covered by insurance or any government benefit the nursing home can make a claim against the estate. The estate must pay the debts of the decedent before any property can be distributed to the heirs.
As long as they are alive.
Debts are one of the primary reasons someone should open an estate. The estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
The executor has to defend the estate. They will have to hire an attorney to settle the case.
If the government has paid benefits on a person's behalf then the government has the right to recoup what it paid after the person's death. If that person owned any property in their own name the government is first in line (like a creditor) to be repaid. For example, your grandmother can't leave her house to you in her will free and clear if the government has been paying for her nursing home and medical care for years. That is the reason people do estate planning and get property out of their names and into trusts. Estate planning must be done years in advance and by a professional with a good reputation and satisfied customers.
Not enough is known to answer: Is it the patient who granted the life estate to the caregiver? Who or what is the caregiver to the patient - a relative or a non-related person? How did that person manage to to put the patient in a nursing home? By what, or whose, authority? Does the person have the patient's Power of Attorney? Etc. - etc. Too much is unknown for a simple answer. You should contact a close relative of the patient, an attorney or, if you suspect Medicare fraud, notify the Medicare Fraud Hotline: By Phone:1-800-HHS-TIPS (1-800-447-8477)By Fax:1-800-223-2164 (no more than 10 pages please)By E-Mail:HHSTips@oig.hhs.govBy Mail:Office of the Inspector General HHS TIPS Hotline P.O. Box 23489 Washington, DC 20026
You should seek official legal advice, but the online consensus seems to be that the 2nd person in line to be executor becomes in charge of the estate.
If you pass away in a nursing home and you were receiving benefits from Medicaid, the state may seek to recover the costs of your care from your estate, which could include your property. This process is known as estate recovery. However, there are rules in place to protect a surviving spouse or certain dependents from losing their home. It's advisable to consult with an estate planning attorney to understand how your property may be affected in such a situation.