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My mom passed without a will and a very mall estate..will Medicaid/Medicare take it?

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homesteaders

Junior Member
What is the name of your state? Washington State, Kitsap County

If my mom passed away and had no will and only has $2700 approx in bank, and we file a Small Estate Affidavit, will Medicaid/Medicare have first dibs?

Background: My mom passed away without a will. This has caused many issues in terms of us trying to get reimbursed for the cost of travel to her residence to move all of her belongings, paying for her cremation and so forth. (Money we could not afford to payout and thought we would be able to get back.)

She did not have any real estate, no vehicle, and has $1900 in her bank account with another $830 check which has been sent to me in her name for rent deposit.

There is just my sister and I and my sister has agreed that any money that might come to us, would first come back to me to pay back all the expenses I have acquired.

I have been told to file a Small Estate Affidavit as I am not on my moms bank account as the Beneficiary. I thought, simple enough, but now I am being told that as she was on Medicaid or Medicare, (long term), that they will likely take the money and leave us with nothing to pay back costs we just incurred. Is this true and if so, should we even bother? This has already put us in financial hardship.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? Washington State, Kitsap County

If my mom passed away and had no will and only has $2700 approx in bank, and we file a Small Estate Affidavit, will Medicaid/Medicare have first dibs?

Background: My mom passed away without a will. This has caused many issues in terms of us trying to get reimbursed for the cost of travel to her residence to move all of her belongings, paying for her cremation and so forth. (Money we could not afford to payout and thought we would be able to get back.)

She did not have any real estate, no vehicle, and has $1900 in her bank account with another $830 check which has been sent to me in her name for rent deposit.

There is just my sister and I and my sister has agreed that any money that might come to us, would first come back to me to pay back all the expenses I have acquired.

I have been told to file a Small Estate Affidavit as I am not on my moms bank account as the Beneficiary. I thought, simple enough, but now I am being told that as she was on Medicaid or Medicare, (long term), that they will likely take the money and leave us with nothing to pay back costs we just incurred. Is this true and if so, should we even bother? This has already put us in financial hardship.
The costs you incurred for cremation "and so forth"(?) should be reimbursed. The travel costs to her place to move belongings, etc., probably won't be.

https://app.leg.wa.gov/RCW/default.aspx?cite=11.76.110
 

LdiJ

Senior Member
What is the name of your state? Washington State, Kitsap County

If my mom passed away and had no will and only has $2700 approx in bank, and we file a Small Estate Affidavit, will Medicaid/Medicare have first dibs?

Background: My mom passed away without a will. This has caused many issues in terms of us trying to get reimbursed for the cost of travel to her residence to move all of her belongings, paying for her cremation and so forth. (Money we could not afford to payout and thought we would be able to get back.)

She did not have any real estate, no vehicle, and has $1900 in her bank account with another $830 check which has been sent to me in her name for rent deposit.

There is just my sister and I and my sister has agreed that any money that might come to us, would first come back to me to pay back all the expenses I have acquired.

I have been told to file a Small Estate Affidavit as I am not on my moms bank account as the Beneficiary. I thought, simple enough, but now I am being told that as she was on Medicaid or Medicare, (long term), that they will likely take the money and leave us with nothing to pay back costs we just incurred. Is this true and if so, should we even bother? This has already put us in financial hardship.
Burial expenses and expenses of closing the estate come before creditors, including Medicaid.
 

zddoodah

Active Member
Ditto the prior two responses, and I would expect that funeral and disposition costs would easily exceed the numbers you mentioned.
 

homesteaders

Junior Member
I posted my question on another forum as I did not see your replies. Thank you everyone who replied.

Im going to go ahead with the Small Estate Affidavit, send to DSHS as required and then take to the bank and see what happens.

Appreciate all of your help.
 

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