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Lawsuit Settlement

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zonk1972

Junior Member
What is the name of your state? NJ

My father passed away in 1989 from Asbestos Tumor. We had lawsuit against asbestos companies and my mother recieved settlement checks over the years. They were never scheduled. My mother had been in a nursing home the past 3 years and was there using her social security and medicaid. My sister had power of attorney. Anyhow, a letter came in a few weeks ago that a company wanted to settle with her and give her a check. Well, she passed away before she signed the papers to receive the check. So, can my sister sign the check? Does medicaid then receive the money? Do any subsequent checks go to medicaid or the state since she was in a home?
 


BlondiePB

Senior Member
What is the name of your state? NJ

My father passed away in 1989 from Asbestos Tumor. We had lawsuit against asbestos companies and my mother recieved settlement checks over the years. They were never scheduled. My mother had been in a nursing home the past 3 years and was there using her social security and medicaid. My sister had power of attorney. Anyhow, a letter came in a few weeks ago that a company wanted to settle with her and give her a check. Well, she passed away before she signed the papers to receive the check. So, can my sister sign the check? Does medicaid then receive the money? Do any subsequent checks go to medicaid or the state since she was in a home?
Only the Executor/Personal Representative of mom's estate can sign the check. Probate must be opened to do so. If the state requires reimbursement for mom's care, they must be repaid. Ask the state division that handles Medicaid about reimbursement or you may find that info on-line.
 

Dandy Don

Senior Member
The executor should also be consulting with a civil attorney to learn how to properly evaluate the offer to determine whether the offer is appropriate or whether she could negotiate for more money than is being offered. Don't just accept the first offer without educating yourself first.

DANDY DON IN OKLAHOMA ([email protected])
 

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