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.
Local Elder Law Attorneys in Ashburn, VA
Meet Evan Farr
(703) *** ****
Learn more
Evan Farr
The Law Firm of Evan H. Farr, P.C.
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
(703) *** ****
Tell us about your legal issue and we will put you in touch with Evan Farr.
Meet Judith Mitnick
(703) *** ****
Learn more
Judith Mitnick
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
(703) *** ****
Tell us about your legal issue and we will put you in touch with Judith Mitnick.
Meet Loretta Williams
(703) *** ****
Learn more
Loretta Williams
Hale Ball Carlson Baumgartner Murphy PLC
Loretta Morris Williams is a certified elder law attorney by the National Elder Law Foundation. Ms. Williams was admitted to the Council of Advanced Practitioners, National Academy of Elder Law Attorneys (NAELA) in 2012. She serves as President of the Virginia Academy of Elder Law Attorneys. Ms. Willia...
(703) *** ****
Tell us about your legal issue and we will put you in touch with Loretta Williams.
