In the result of death of a Senior with joint Accounts who would get the money Joint Holder or Medicaid?

Asked over 5 years ago - Mentor, OH

Senior lives in a Nursing Facility partialy paid by the seniors Pension and Social Security that I had cut a check for each and every month and partialy paid for by Medicaid. Now the senior was only allowed to retain so much money in their joint accounts and not to excede over a combined total of I believe it to have been approx. $3,000.00, When the Senior passed they had slightly over that amount. My legal advisor tells me that Medicaid is entitlled to this money less his fee. I am not sure I believe this advice because I have been lead in the wrong direction by this very same person in the past but have only remained with them because they have handled all of the Medicaid hearings that were at one point going to cost us a great deal of money until this legal advisor admitted his mistake when we brought it to their attention. A small Insurance benefit of maybe $2,500.00 may also be payable to family, however I again question who realy would get this amount family or Medicaid? PLEASE ADVISE, We truly are leary of our present legal advisor and we are not prepaired to get into financial wars over minimal amounts of monies, we realy just need to be aware of what is right and wrong in this situation. THANK YOU in advance!

Attorney answers (1)

  1. Elizabeth Smith Schmitz

    Contributor Level 14

    Answered . The State of Ohio does have a right to recovery if the individual was receiving medicaid.

    See attached link for an explanation of the recover process.
    http://jfs.ohio.gov/ohp/bcps/FactSheets/EstateR...

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,565 answers this week

2,993 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,565 answers this week

2,993 attorneys answering