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How Long Does Medicaid Have to Recoup Benefits From an Estate?

  • October 7th, 2015
Q
What is the time limit for Medicaid to collect from an estate after the death of the patient? For example, how long should we leave a bank account open or keep stock, so they can recoup. It's been over eight months, and we'd like to close these down.
A

How long Medicaid has to recoup benefits from the estate of a Medicaid recipient depends entirely on the rules of the particular state. For example, here’s how it works in Massachusetts: When you probate the estate you have to give the Medicaid department notice. The Medicaid department then has a certain number of months to file a claim. But the time period does not begin to run until you give them notice. This is entirely different from most creditors, who have a year from the date of death to file a claim. You will have to do online research or consult with a local probate attorney to learn the rule in your state. To find an attorney near you, go here: http://www.elderlawanswers.com/elder-law-attorneys

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Last Modified: 10/07/2015

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