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
Attorney Samantha Simmons Fredieu is an associate at Hale Ball. Ms. Fredieu graduated magna cum laude from Vermont Law School where she was the symposium editor on the Vermont Law Review, a production editor on the Vermont Journal of Environmental Law, and a member of the Moot Court Advisory Board. She has clerked for...
Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...