My husband, who was in a nursing home, died a few weeks ago. All his medical bills were paid for by Medicaid....Read more
No. Medicaid has two rights to repayment. First, if the benefit was obtained fraudulently or in error, it can ask for reimbursement. Second, at the death of the beneficiary it can seek repayment from his estate for benefits paid after age 55 or for nursing home care at any age. There are some exceptions to this claim and depending on the state it may only be made against probate property and not against property that does not pass through probate, such as jointly owned accounts or real estate.
For more on Medicaid's right to repayment, click here.
Local Elder Law Attorneys in Ashburn, VA
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...