Darby Affidavit

I am attaching a form here that may help save your client a lot of cash.  In Estate of Darby v. Medicaid located here, the Court of Appeals in Mississippi with the Mississippi Supreme Court denying certiorari held that a child or grandchild is entitled to a continuing homestead exemption in the homestead of a deceased free from any creditor's claim including Medicaid.  Lots of older clients end up in a nursing home with Medicaid footing the bill.  This can easily add up to hundreds of thousands of dollars.  With this case, the family may be able to keep the deceased's home as long as it was homesteaded at the time of death.   From a practical standpoint, the deceased's home is many times the only estate asset.  Sending the form attached to Mississippi Medicaid with proper documentation can greatly assist a family in having at least something from a deceased's estate.