Failure to notify Medicare

[Sister-in-law]

What is the name of your state? Iowa I am one of two beneficiaries in my mother's estate. All assets have been distributed except the proceeds of a personal injury lawsuit that she brought prior to her death. The lawsuit has now been settled and the lawyer for the estate wants to distribute the money. However, Medicare is owed reimbursement from the settlement for payments they made for my mother's care. The executor and second beneficiary (my estranged brother) and lawyer for the estate haven't notified Medicare of the settlement so that Medicare can determine what should be repaid. I have told the lawyer and executor in a letter drawn by my lawyer that I believe it is their duty to reimburse Medicare before distributing the money. I have been advised not to accept any money until there is a release sent by Medicare indicating their interest in the settlement has been satisified. My question is, if the lawyer and executor for the estate won't notify Medicare how can I ever get a Medicare release?

 

[Dandy Don]

Consult your attorney before doing this, but you or your attorney should be consulting with Medicare to find out how much reimbursement is owed (WITHOUT MEDICARE EVEN KNOWING HOW MUCH IS IN THE ESTATE). It is the executor's job to get the release but he seems to be stalling so he and your brother can try to keep the money for themselves, which is greedy but stupid--any estate debts that are outstanding need to be paid and they should be giving top priority to that.