My father has passed. My sister from his first marriage has hired a lawyer to find out what my father has inherited. According to the law papers I received Medicare has but a lean on the estate. Me and all my siblings and my mother have been named in the documents.
If Medicaid covered health care for your father, the program is entitled to be reimbursed from his estate once he dies. That's why there is a Medicaid lien (claim) against the estate. The amount eventually paid from the estate might be negotiable. Your sister's attorney will figure it out.
The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. A relationship is established upon signing a Legal Services Agreement.
I agree. Medicaid places recovery liens to prevent the estate from being settled before the claim is satisfied. Kind regards.
My answers to questions are for general purposes only and do not establish an attorney-client relationship. Please consider hiring an attorney.
I will add that this is one reason that good estate and Medicaid planning is important particularly for married or wealthy (or both) people. Even careful planning just before applying for Medicaid can be fruitful. BTW, Medicare probably did not put the lean on. Medicare is health insurance that we pay for and is not means tested. Medicaid is government assistance, means tested and tends to try to get its money back.
First, allow me to express my condolences. Your father was likely a Medicaid recipient during his lifetime. Included among the requirements to qualify for Medicaid is to demonstrate extremely limited assets. A Medicaid recipient may only have $2,000 of "countable assets" in order to qualify for Medicaid. If your father had assets at his death, Medicaid may assert a lien in order to recoup some or all of the benefits paid.
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.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline