If a non recipient of Medicaid dies after her spouse received it, what can be allowed for her remaining bills, funeral etc?

Question

If a non recipient of Medicaid dies after her spouse received it, what can be allowed for her remaining bills, funeral etc?

Follow

Share

My Dad was on Medicaid for 3 years, but we sold her land to pay for her nursing home expenses. There is not much left but the state wants the full amount of his nursing home care19 years ago. Is Mom entitled to money (how much) to cover funeral expenses etc as she paid her own way at the nursing home!!!

Medicaid

This question has been closed for answers. Ask a New Question.

13 Answers

Most
Helpful Newest
First Oldest
First

Sounds like MERP - how that works varies a lot from state to state. Your mom was the community spouse so her house was not touched as long as she was alive, but since she is dead Medicaid Estate Recovery comes into play. MERP

Helpful Answer (0)

Report

This is a problem we ran into with my mother in law after my father in law passed away. Medicaid is very complicated in their "lookback" policy & I would contact a medicare/medicaid lawyer if there is a substantial amount of money involved. They will take pretty much everything. You can't deal with this on your own as I said if their is a home involved or an amount substantial enough to make paying an attorney worth it. If not, you will have to accept the fact it is their policy & when you accepted medicaid for your father it was part of the "contract".

Helpful Answer (0)

Report

I am in Maryland so does the above statement apply here? My husband may need nh care for dementia and would have to use Medicaid. I want to be able to leave our home to my children when I pass.

Helpful Answer (0)

Report

Medicaid does not touch the primary residence as long as the community spouse is still alive, after their death they can retrieve all the money paid out.
Funeral expenses are usually arranged prior to death. That way the money is already allocated. You will have to see a Medicaid Planning Attorney to know what the law is in your state.
Good luck.

Helpful Answer (0)

Report

Saying this gently..We all would like the home to be kept in the family....In fact, however, as I see it, Medicaid is an extremely generous benefit and my wife has been on it since 2009, and that is going to be six years in June...That's 72 months....Current rate for full nursing home care at her facility is $9500 a month....I am grateful to be able to still stay in my nice home....If they take it back when both of us have croaked, what's for me to complain about, as I see it? Only saying..Meanwhile I buy what I want (speaking of used motorcycles in the $3000 range and don't give what's left a thought...)

Cheers,
Bob

Helpful Answer (4)

Report

The state cannot touch any assets that were exclusively the property of the community spouse, after the death of the nursing home spouse. A very few states have a "tracing" approach that can go after the assets that were once the nursing home spouse's but were transferred to the community spouse. In all cases the state must wait until after the death of the community spouse; some states will not make claims if the community spouse merely is the surviving spouse, but others will lie in wait until the community spouse dies then make a claim. The claim will never exceed the total amount of benefit provided to the nursing home spouse.

Helpful Answer (0)

Report

This probably gets complicated in this sitution. Is there a house? Medicaid will put a lean on it and they will have to be paid back. If there are no more assets, can't pay back what isn't there. Unless u signed as responsible for payment, children r not responsible for parents bills. They can't collect if nothing is there. Yes, a lawyer is a good idea.

Helpful Answer (0)

Report

One thing you should do now is use the money from the sale of the land to pre pay funeral expenses that way if they succeed in taking what's left, that is already paid for when she passes. They do have a look back period and once she passes, they will probably come looking for money. I don't have a problem with them being reimbursed, I just wish they would be more diligent with other forms of welfare too. They seem to pick on the elderly who have probably worked all their lives to build their estates and not the deadbeats who have never worked a day in their lives and collect SSI, food stamps, etc. Just my opinion.

Helpful Answer (1)

Report

Just want to add. My Aunt was in assisted living with long term nursing attached. When all her assets were depleted, she ws transferred to the long term. At that point, Medicaid took over. Since her assets are gone, it can't be pid back. Medicaid is just trying to recoup their money. You just need to show there are no assets to draw from.

Helpful Answer (0)

Report

Caroline, you may need an attorney and a copy of dad's medicaid application. Read the application very carefully to see how this asset was assigned. MERP does not go after income producing land, but if it is sold, they want their portion.

Helpful Answer (1)

Report

Can the community spouse deed the home over to one of the kids? Or - is it an asset of Medicaid once the Medicaid beneficiary dies and only a Dowry right left to the remaining spouse?

Helpful Answer (0)

Report

Don't think u can do this. Medicaid puts leans on the homes. When house is sold, they get their money. You never know when the surviving spouse msy need Medicaid. There is a five yr rule with Medicaid. I would contact them.

Helpful Answer (0)

Report

Medicaid Estate Recovery will place a Lien on your home at some point.
Research Medicaid Estate Recovery rules for your state and consult with a Medicaid Planning Attorney to make sure before you do anything like deeding the property to your children.
Medicaid is set up to help people in need during times of crisis, however the program cannot afford to support everyone who needs Nursing Home or Assisted Living or it will go broke. There is a reason that the Medicaid program has Estate Recovery rules. If they were not able to recoup costs after the spouse died from the primary residence then they would require that everyone who needed a Nursing Home sell their home before becoming eligible.
You may want to consider other options like selling your home and splitting your husbands share apart from your own. His share would then be spent on his care and Medicaid would take over after that money is gone.
Your share could buy you a smaller home or Condo or you could invest it and then will that money to your children.
At least you would protect 1/2 of the money in your estate.
Please consult an attorney to get legal advice.
Good Luck

Helpful Answer (1)

Report

This question has been closed for answers. Ask a New Question.

If a non recipient of Medicaid dies after her spouse received it, what can be allowed for her remaining bills, funeral etc?

13 Answers

Recent Questions

Popular Questions

Related Questions