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

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!

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Filed under: Probate Social security
Attorney answers 1

Posted

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/EstateRecovery_0607.pdf

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