California Medi-Cal and Estate Recovery

[Wheelersd]

I live in California and recently my father passed away. I have a two part question regarding Medi-Cal and his estate. While my father was alive he was trying to get a settlement from the VA for an injury he got while serving in the Navy back in the 50's. During his last part of life he was in and out of the hospital and in very ill health. After his death on April 20th and going through his mail, I discovered that he had received a settlement deposit from the VA in his bank account on March 21st. As mentioned my father had been very ill and was not keeping track of his accounts or opening his mail. Furthermore, the VA never sent him an award letter notifying him that he had won his case. My questions are as follows, since he was unaware of this settlement and passed away roughly 30 days after receiving the funds, am I legally responsible to report this to Medi-Cal? My father also had Medicare and was never in a nursing home nor did he receive long term care. My second question is that since my father had an estate valued under $150,000.00 and we are avoiding probate, should I be concerned about Medi-Cal Estate Recovery?

Thank you

 

[Zigner]

Your father received the settlement and the funds should be used to reimburse Medi-Cal as required.

 

[justalayman]

Here is a page form California on the matter


https://www.dhcs.ca.gov/services/Pages/TPLRD_ER_cont.aspx

His estate includes any asset he owned at the time of death whether he was aware of it or not.

 

[Wheelersd]

Here is a page form California on the matter


https://www.dhcs.ca.gov/services/Pages/TPLRD_ER_cont.aspx

His estate includes any asset he owned at the time of death whether he was aware of it or not.

Yes, I have read that and the update to the law as of 2017. This only applies to estates that are in probate, which my dad's estate is not since it is below 150,000 and he has no real property. But thank you.

 

[justalayman]

While I have found support for your statement, don’t mistake the fact that a small estate administration is a form of probate. It is obviously not a formal probate but it is an action under the probate laws of California.


I have read that initially many (including attoerneys in your state) believed the small estate assets would be subject to claim by Medi cal, a
Apparently it has since been clarified it is not.

You are obligated to notify the Medi cal offices of your father’s death within 90 days of his death though.