The State of California does not take away anyone's home per se. Your home can, however, be subject to an estate claim after your death. For example, your home may be an exempt asset while you are alive, and not counted for Medi-Cal eligibility purposes.
In Home Supportive Services (IHSS) assistance is exempt from recovery.
The State of California is prohibited from the recovery of any Medi-Cal expenses used if there is a surviving spouse until the surviving spouse passes away. Also, if there is a minor child under the age of 21 or a blind child, or a disabled child, then the State is prohibited from any Medi-Cal recovery.
The key is to transfer any property out of a beneficiary's name while they are still living. Of course, any transfer of property will be subject to tax regulations and any person considering such an action should first consult with an experienced Medi-Cal planning attorney before making an irreversible decision.
While it's technically possible to write a demand letter yourself, there are significant advantages to seeking the guidance of a legal professional. Here's why. Professional expertise. An attorney specialized in personal injury law understands the nuances of relevant statutes, case law, and procedural requirements.
For California small claims, you don't have to “serve” a demand letter. You just have to send the demand letter. You can send it by mail, email, or hand delivery, or you can text the demand letter.
Potential Legal Risks Demand letters that include threats of litigation, accusations of infringement, recitations of the legal requirements for infringement, and/or a refusal for the marks to co-exist may increase the risk that the trademark holder will be subject to a declaratory judgment action.
If you are trying to resolve a dispute, you may want to send a demand letter. You can write one yourself, but hiring an attorney will help you navigate legalities and show the recipient the seriousness of the matter.
While Medicaid cannot attempt Estate Recovery if there is a surviving spouse, some states will attempt to collect after the death of the surviving spouse, while other states will not. California and Texas are two states that prohibit Estate Recovery after the death of the non-Medicaid spouse.