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Old 09-21-2018, 05:12 PM
 
60 posts, read 82,344 times
Reputation: 16

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A few years ago my father fell sick and sold my childhood home and purchased a mobile home as it was much easier to maintain for him. Back in March he passed and now the executor of his estate.

My question is probably better suited for a lawyer but I was hoping to find someone who was maybe in a similar situation before.

My father was on Medicaid and prior to him passing racked up a lot of medical debt. The State is now threatening me with a property lien and wants to recoup the monies from hospital ect...

The lien is not in place and I go to settlement in a few weeks. Cant I transfer the title to a family members name or sell the trailer for $1 to avoid having to pay the debt?

What if settlement comes and goes and the lien is not in place. Is the estate still responsible to repay?

TY

Don
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Old 09-22-2018, 05:20 PM
 
Location: Mid-Atlantic
28,487 posts, read 27,277,277 times
Reputation: 35725
In a word, no.
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Old 09-22-2018, 05:54 PM
 
Location: Georgia, USA
28,246 posts, read 31,630,729 times
Reputation: 35272
Quote:
Originally Posted by DonM77 View Post
A few years ago my father fell sick and sold my childhood home and purchased a mobile home as it was much easier to maintain for him. Back in March he passed and now the executor of his estate.

My question is probably better suited for a lawyer but I was hoping to find someone who was maybe in a similar situation before.

My father was on Medicaid and prior to him passing racked up a lot of medical debt. The State is now threatening me with a property lien and wants to recoup the monies from hospital ect...

The lien is not in place and I go to settlement in a few weeks. Cant I transfer the title to a family members name or sell the trailer for $1 to avoid having to pay the debt?

What if settlement comes and goes and the lien is not in place. Is the estate still responsible to repay?

TY

Don

Choose a lawyer with experience in Medicaid issues and elder law.

https://www.verywellhealth.com/how-t...-works-1738836

Assuming your dad lived in NJ, it looks like that state attempts to recover any benefits paid to someone over age 55 unless there are survivors that meet certain criteria.

https://www.state.nj.us/humanservice...hould_Know.pdf

No, you cannot avoid recovery by selling the property now. It would have to have been done five years before your father went on Medicaid.

I am not sure the probate court will allow you to close the estate when you have knowledge of the demand from Medicaid. You cannot just pick and choose which of your father's debts you pay after he dies.

From the link above:

"Those involved in handling the estate must contact DMAHS in writing as soon as possible after the death of the Medicaid beneficiary or former Medicaid beneficiary. It is their responsibility to notify DMAHS to find out if DMAHS has a claim against the estate before any funds from the estate are spent (exception: reasonable funeral expenses may be paid). Distributions to any creditors or heirs cannot be made until the estate
reimburses DMAHS if there is a Medicaid claim."
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Old 09-24-2018, 08:46 AM
 
122 posts, read 146,276 times
Reputation: 113
You should have these questions answered by an attorney that you retain to represent you. I really cannot stress this enough.
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