Elder Law Answers Elder Law Answers

Search Articles

Find Attorneys

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

  • October 7th, 2015
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.

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

Local Elder Law Attorneys in Ashburn, VA

John Laster

Law Offices of John L. Laster
Falls Church, VA

Mindy Felinton

Felinton Elder Law & Estate Planning Centers
Rockville, MD

Jeffrey Hammond

Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
Bethesda, MD

Last Modified: 10/07/2015

Medicaid Rules, etc

View All Elder Law Topics Questions & Answers State Medicaid Information