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Forum Newbie
Group: Forum Members
Last Login: 10/28/2008 2:46:06 PM
Posts: 7,
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| If, after spending down my mom's money, she gets accepted and is on medicaid why, after she passes on, would medicaid come back and try to get money recovered - she was already evaluated and accepted - seems very unfair - what are they looking for that they didn't find prior to the person getting accepted on medicaid?
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Forum Member
Group: Forum Members
Last Login: 6/23/2008 1:27:21 PM
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| Estate Recovery policy can vary, sometimes significantly, from one state to the next. And bear in mind that in the majority of cases there is nothing the decedent had legal interest in that would interest the people that perform the Estate Recovery functions. However, there are those situations in which an individual had assets that may have been excluded in the Medicaid eligibility determination and which the state may file a claim against in accordance with their Estate Recovery policy. A couple of examples: An individual passes away and has money in an IRA account that was excluded (not all states exclude IRA funds) but the IRA does not have a designated beneficiary. In that situation the IRA money goes to their estate and the state may file an Estate Recovery claim against the estate. (If the IRA had a beneficiary, the IRA money would have gone straight to the benmeficiary.) An individual owns a home jointly and the joint owner is not willing to sell their interst in the home--here in KY the individual's share of the value of the home (or other jointly owned property) is not counted in the eligibility determination. But upon the individual's passing KY Estate Recovery policy allows a claim to be filed against the decedent's share of the home's value. There are likely other examples as well, but I hope these two will give you some insight into the situation. Joe Whitehouse, Medicaid Consultant, Louisville, KY.
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