Does a Life Estate Override a Will?

Does a Life Estate Override a Will?


Yes, because Medi-Cal typically doesn’t regard a home as a recoverable asset if someone retains a life estate in it. It generally is shielded from Medi-Cal recovery, even if the applicant moves elsewhere.

In the same vein, if the Medi-Cal applicant was the decedent, and the property at issue was in their trust, Medi-Cal generally can’t recover. If the property was not in their trust, however, Medi-Cal can potentially assert their lien against the decedent, even if the decedent granted a life estate in the property to a beneficiary.

Keep in mind that there’s potential for Medi-Cal to recover a property after the life tenant dies, but even this could prove challenging, since the life tenant dying would mean the remainderman’s interest in the property will have vested.





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