Florida. Medicaid paid a percentage of nursing home bill. Assuming they will be a creditor during probate? Is there a formula used so we can get an estimate of how much estate will be left afterward this.
Estate Planning Attorney
Medicaid will become a creditor of their estate. They will request reimbursement of all funds paid out to the nursing home, for their care, to the extent the estate has available assets to repay them. You will be entitled to reimbursement of your estate expenses and legal fees prior to them getting paid.
This answer has been prepared for informational purposes only and does not constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.
I am sorry for the loss of your parents.
I don't believe anyone can give you the definitive answer to your question without actually probating the estate, or, at a minimum, consulting with you. Certain assets, such as your parents homestead, can pass free and clear of creditors claims, as can most personal motor vehicles. Claims have priorities, some get paid before others, attorneys fees, personal representative fees, costs of probate, funeral expenses, are paid before Medicaid. If assets are insufficient to pay all of the claims, then your attorney will likely ask the court to pay claims by class until assets are depleted with the last class the estate is able to pay being paid proportionately to assets.
The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button
Estate Planning Attorney
Your attorney(if any) will file probate papers with state mediciad agency.
They will file a claim on the estate for what they have paid.
Certain assets like the home are exempt from the claim.
Your probate attorney can give you more details.
Attorney Joe Pippen
20 Florida Locations
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
It depends. Generally for nursing home to start paying a single person can only have 2K of countable assets. Their homestead does not count. You should talk with someone who deals with this to determine what is at risk and the best way to deal with the remaining assets - if there are assets other than the home.
Probate assets could reimburse the medicaid bills up to the amount paid.
I would be happy to review your situation if you want.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
Elder Law Attorney
You are speaking of what is referred to as Medicaid Estate Recovery. The Agency for Healthcare Administration (AHCA) contracts with a third party vendor to manage "Medicaid Estate Recovery". That vendor is Affiliated Computer Systems - ACS (877) 357-3268 in Tallahassee,FL. ACS is the entity charged with defining the Medicaid lien against an estate and where you start your inquiry as to what the amount of the lien is. Medicaid (AHCA) is a Level 3 Creditor in probate estates. ONLY probate assets are subject to estate recovery. (Generally speaking, the short answer is assets held in the Medicaid recipient's name alone, with no designated beneficiary named on the asset). Medicaid liens are generally for all a services Medicaid paid for on behalf of the deceased Medicaid recipient after age 55.