Nut Tree, CA Estate Planning Law Firms & Lawyers

The money should have been used to pay for her care. She probably needed to spend down her assets before going on Medicaid. Alternatively, if your mother gifted the asset to your sister in law, they may have committed Medicaid fraud, if the money was not used for her care. If you want to pursue this, you should start with consulting an attorney in the area where your mother resided.

The first question is whether "there was anything left." If the assets were titled jointly, then you are out of luck. If the assets were all titled solely in your father's name, (which would be very unusual), then probate would be required. In that case, if there was a will, it may have left it all to the surviving spouse. If it did not, she would be entitled to "elect against the Will." In all likelihood, she would still be entitled to the bulk of the estate. Check the public records to see how the house was titled. If it was joint, then you will have your answer. The spouse would not legally have been able to access any of the assets, if they were not jointly titled or she was not designated as beneficiary.