Elder Law Answers
Medicaid's Power to Recoup Benefits Paid: Estate Recovery and Liens
Under Medicaid law, following the death of the Medicaid recipient a state must attempt to recover from his or her estate w...
Read moreHow 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.