Comments for Elder Law Corner

Comment on Medicaid Estate Recovery by gabrielheiser

gabrielheiser — Mon, 21 Sep 2009 23:02:18 +0000

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!

Comment on Medicaid Estate Recovery by Stephanie Lowe

Stephanie Lowe — Mon, 21 Sep 2009 22:52:21 +0000

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!

Comment on Medicaid Estate Recovery by gabrielheiser

gabrielheiser — Thu, 19 Mar 2009 19:15:17 +0000

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.

Comment on Interesting Blog on Elder Care Issues by gabrielheiser

gabrielheiser — Thu, 19 Mar 2009 19:11:44 +0000

The best place to begin is with the list of Medicaid agency contacts I have compiled here: http://www.MedicaidSecrets.com/updates.

Comment on Interesting Blog on Elder Care Issues by David Olney

David Olney — Thu, 19 Mar 2009 17:59:34 +0000

In the 2009 edition of, How to Protect Your Families Assets, in what chapter do you find the instructions on how to look up how your State treats different parts of Medicaid. I know I read it but in don’t seem to go back and find it.
For anyone reading this it is a great resource.

Thanks,
Dave Olney CSA

Comment on Medicaid Estate Recovery by Dave

Dave — Fri, 23 Jan 2009 23:10:40 +0000

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?

Comment on Medicaid Estate Recovery: Exceptions by Steve Smith

Steve Smith — Tue, 23 Dec 2008 21:19:24 +0000

FYI:
All states DO NOT have a statute of limitations for filing claims. Missouri for example is exempt from the one year rule.

http://www.moga.mo.gov/statutes/c400-499/4730000444.htm

Remember however, although the State is not barred by “making” a claim, collecting that debt may be unenforceable after 18 months from death.

http://www.moga.mo.gov/statutes/C400-499/4610000300.HTM

I know because I was in this very situation. Although the State never pursued an accounting, they might have had they been within the allowed time timit.

Comment on Life Estates in Medicaid Planning by gabrielheiser

gabrielheiser — Fri, 24 Oct 2008 23:32:24 +0000

The above comment points out the importance of checking the rules in YOUR state, since there are quirks from state to state. An experienced elder law attorney in your state would be the best source for such local information. It is very risky to do planning based on an article, no matter how well researched it may be!

Comment on Life Estates in Medicaid Planning by Joel Gardner

Joel Gardner — Fri, 24 Oct 2008 20:22:11 +0000

“So if the house passes automatically to the children outside of your probate estate at your death, then the state is out of luck.”

This may not be entirely true. Our state has not yet expanded its definition of “estate,” but they have the option to do what is called an “action for accounting” to attempt to bring into the estate items which have passed outside of probate (e.g., real estate).