Comments on: Medicaid Estate Recovery http://medicaidsecrets.wordpress.com/2008/02/19/medicaid-estate-recovery/ Elder Law and Medicaid: Planning, Ideas and Concepts Mon, 21 Sep 2009 23:02:18 +0000 http://wordpress.com/ hourly 1 By: gabrielheiser http://medicaidsecrets.wordpress.com/2008/02/19/medicaid-estate-recovery/#comment-65 gabrielheiser Mon, 21 Sep 2009 23:02:18 +0000 http://medicaidsecrets.wordpress.com/?p=36#comment-65 During your aunt's lifetime, no claims may be made against her assets for the Medicaid payments already made by the state on her behalf. However, following her death, if there are still assets left in her name, then the state can indeed make such a claim. It may be possible to structure her ownership of her assets so as to prevent the state from making such a claim, but that would have to be arranged by an attorney familiar with the Medicaid laws in your state. If the amount owed the state is large, it probably will make sense to consult an elder law attorney for advice about this issue. Good luck! During your aunt’s lifetime, no claims may be made against her assets for the Medicaid payments already made by the state on her behalf. However, following her death, if there are still assets left in her name, then the state can indeed make such a claim. It may be possible to structure her ownership of her assets so as to prevent the state from making such a claim, but that would have to be arranged by an attorney familiar with the Medicaid laws in your state. If the amount owed the state is large, it probably will make sense to consult an elder law attorney for advice about this issue. Good luck!

]]> By: Stephanie Lowe http://medicaidsecrets.wordpress.com/2008/02/19/medicaid-estate-recovery/#comment-64 Stephanie Lowe Mon, 21 Sep 2009 22:52:21 +0000 http://medicaidsecrets.wordpress.com/?p=36#comment-64 I have an aunt on Medicaid (Michigan). I sold her home and have notified the financial office at the nursing home of her financial change regarding her Medicaid eligibility status. My question is, if she becomes private pay now, and passes away before funds are gone, does Medicaid get the balance in her bank account or any recovery at all? Is she exempt from paying back anything at all? Thank you! I have an aunt on Medicaid (Michigan). I sold her home and have notified the financial office at the nursing home of her financial change regarding her Medicaid eligibility status. My question is, if she becomes private pay now, and passes away before funds are gone, does Medicaid get the balance in her bank account or any recovery at all? Is she exempt from paying back anything at all?

Thank you!

]]> By: gabrielheiser http://medicaidsecrets.wordpress.com/2008/02/19/medicaid-estate-recovery/#comment-62 gabrielheiser Thu, 19 Mar 2009 19:15:17 +0000 http://medicaidsecrets.wordpress.com/?p=36#comment-62 Unless there is a treaty specifically permitting such cross-border claims, I doubt the local state agency can successfully claim against assets located outside of the United States. As you mention, international conflict of laws issues may be called into question. I have not personally run into this issue so I have not researched it further. Unless there is a treaty specifically permitting such cross-border claims, I doubt the local state agency can successfully claim against assets located outside of the United States. As you mention, international conflict of laws issues may be called into question. I have not personally run into this issue so I have not researched it further.

]]> By: Dave http://medicaidsecrets.wordpress.com/2008/02/19/medicaid-estate-recovery/#comment-57 Dave Fri, 23 Jan 2009 23:10:40 +0000 http://medicaidsecrets.wordpress.com/?p=36#comment-57 Here's a question I'm currently facing as the executor of an estate probated in Canada. Can Medicaid Estate Recovery or Medicaid rules in general be applied to property/assets outside of the USA? For example, a US Medicaid recipient is required to elect against a will of a decedent spouse. However if the decedent spouse died outside of the USA, there is no Medicaid rule stating this must be done. Indeed, socialized health care systems (such as Canada's) do not allow it. So what happens with the conflict of laws? Here’s a question I’m currently facing as the executor of an estate probated in Canada. Can Medicaid Estate Recovery or Medicaid rules in general be applied to property/assets outside of the USA? For example, a US Medicaid recipient is required to elect against a will of a decedent spouse. However if the decedent spouse died outside of the USA, there is no Medicaid rule stating this must be done. Indeed, socialized health care systems (such as Canada’s) do not allow it. So what happens with the conflict of laws?

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