Even after a patient receives Medicaid eligibility, the state has authority to collect against many of the protected assets it let a person keep and still be eligible for benefits.
The system to collect against a patient (and in some states the patient’s spouse) is known as “estate recovery.”
Estate recovery is one of the most complicated realms of the Medicaid planning field. Each state has its own set of rules based on loose guidance from the federal government.
In aggressive states, the estate recovery program puts a lien on the patient’s home when there is no likelihood they will return home. Even the stuff you thought was protected, may not be when estate recovery attempts to lay claim to it after the patient has died.
Some states even pursue claims against the community spouse’s estates when they die for the care of their deceased spouse.
The best way to deal with estate recovery is to plan for it in advance while you’re planning for Medicaid eligibility You have to think about the end result and work backwards to make sure Medicaid planning decisions do not have costly estate recovery effects.
Most important is having a team that knows the ins and outs of estate recovery. Our team evaluates estate recovery issues with every Medicaid Asset Protection Plan we draft. For families who have lost a loved one after a nursing home stay, we can help guide you on the tools and techniques you can use to avoid or settle estate recovery claims for pennies on the dollar.
Call us or email us to see if our team can help you with your estate recovery issues!
