How was his bank account set up? If your Dad is deceased, the bank will usually freeze the account till ownership is determined. This is done to protect the Estate. But if the account was done as joint tenants with rights of survivorship (JTWROS) or someone was named on the account to be the after death beneficiary so a pay on death or transfer on death (POD or TOD) was done, then the account can pass to the person named and outside of probate.
So who died first…. mom or dad? Couples tend to do bank accounts JTWROS.
I’m assuming Medicaid was used to pay for your mother’s nursing home care, it was for my mother also after private pay money and a long term care policy was quickly exhausted. This gives the state the right to recoup the money spent on her care through placing a lien on her property, so when it’s sold the profits go toward reimbursement for that cost to taxpayers. This doesn’t happen with bank accounts. If money from an account your mother had was going to be used for her care, it would have already happened. It cannot happen on an account that didn’t include her. I’m sorry for your loss and wish you peace
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If your Dad is deceased, the bank will usually freeze the account till ownership is determined. This is done to protect the Estate. But if the account was done as joint tenants with rights of survivorship (JTWROS) or someone was named on the account to be the after death beneficiary so a pay on death or transfer on death (POD or TOD) was done, then the account can pass to the person named and outside of probate.
So who died first…. mom or dad? Couples tend to do bank accounts JTWROS.
https://www.agingcare.com/questions/if-medicaid-puts-a-lien-on-the-property-and-after-dad-passes-can-they-put-a-lien-on-his-checking-acc-496926.htm
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