Medicare generally does not attach liens to property. This often is an act by Medicaid to recover funds it spent on a person who received Medicaid for long term care, such as Nursing Home or Assisted Living care. Medicaid generally will lift the lien when it is fully reimbursed for the money it spent. Also, Medicaid generally will not begin collecting on the lien until after the Medicaid recipient has died or the property has been sold. You should speak with an Elder Law attorney in your area for more guidance.
Please note that the goal of this response is to share general legal principles. This response does not create an attorney-client relationship between our firm and anyone reading this response; and the response should not be relied upon as legal advice. For legal guidance, an attorney practicing in the legal area and in your jurisdiction should be consulted. Cheryl Johnson is licensed to practice in the state of Maryland and this response should not be relied upon as an interpretation of laws of any state.
The short answer is when Medicaid has been reimbursed, but there appears to be much more to your question. If you want a more complete answer, you need to sit down with an experienced elder law attorney and provide much more information than is contained in your posting.
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Once the Medicaid/Medicare claim is fully paid, they should issue a fully paid notice that will allow for distribution. You should consult a local lawyer especially since the rules differ depending on whether the claim is from litigation or against an estate.
Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.