What is the name of your state? Maine
Does anyone have information on medicaid recovery separate from the long-term care/nursing home issue?
My mother-in-law recently passed away. She had been on medicaid since 1997. Approximately 4 months prior to her death, her step-mother passed away, leaving a trust to her originally left by her father upon his death. In that 4 months, although she technically had access to the money, it was never truly transferred to her, as she was ill and in the hospital for a fair amount of that time. In addition, approximately 3 years ago, my husband and his two sisters attempted through an estate planning attorney to have the original trust bypass my mother-in-law upon her step-mother's death (with her full knowledge and agreement) and be placed under the three children. This was due to among other reasons her health problems and inability to properly manage money. Unfortunately, the attorney drew up the wrong type of trust, and this was only discovered shortly before her death, and as she was incapacitated toward the end, the new trust agreement was never signed by her. Upon her death, DHHS in Maine filed a claim for $350,000 in medical bills dating back to 1997.
I'm assuming that technically they can do this, since technically the trust became her's upon her mother-in-law's death, but do we have any recourse? And can we assume the $350,000 is what medicaid actually paid, or is that the amount billed? (I know medicaid typically pays a much lower amount than what is actually billed).
Does anyone have information on medicaid recovery separate from the long-term care/nursing home issue?
My mother-in-law recently passed away. She had been on medicaid since 1997. Approximately 4 months prior to her death, her step-mother passed away, leaving a trust to her originally left by her father upon his death. In that 4 months, although she technically had access to the money, it was never truly transferred to her, as she was ill and in the hospital for a fair amount of that time. In addition, approximately 3 years ago, my husband and his two sisters attempted through an estate planning attorney to have the original trust bypass my mother-in-law upon her step-mother's death (with her full knowledge and agreement) and be placed under the three children. This was due to among other reasons her health problems and inability to properly manage money. Unfortunately, the attorney drew up the wrong type of trust, and this was only discovered shortly before her death, and as she was incapacitated toward the end, the new trust agreement was never signed by her. Upon her death, DHHS in Maine filed a claim for $350,000 in medical bills dating back to 1997.
I'm assuming that technically they can do this, since technically the trust became her's upon her mother-in-law's death, but do we have any recourse? And can we assume the $350,000 is what medicaid actually paid, or is that the amount billed? (I know medicaid typically pays a much lower amount than what is actually billed).