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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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My question: My mom passed away and Medicare has filed a claim

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My question: My mom passed away and Medicare has filed a claim against her estate. She only has a small estate of less than $1000.00. She had land in her name, but she left a will dated 2003. Do we have to pay the claim?
Welcome! Thank you for your question.

What state are you in?

How much was the property worth?

Are any of the heirs receiving social security disability?

Do the heirs have income less than poverty level?
Customer: replied 3 years ago.


Live in NC,


 


Tax value $20,000.00


 


No one is receiving is SS disbility. What is considered poverty level?

Poverty level is income of at least less than $20,000 a year.
Customer: replied 3 years ago.


No one is below that level. We are all over 40 yrs of age.

If you look at Medicaid's estate recovery claim, there are waivers for undue hardship (below poverty level) or if an heir is disabled. If the property was in the sole name of the deceased then it is part of the assets of the deceased and subject to paying the Medicaid lien.

If none of the above is the case there are no waivers of estate recovery and you are going to have to sell the property to pay the Medicaid lien. You can bring the property into the estate and use the proceeds of the sale to first pay funeral and burial expenses, executor fees, court costs and attorney fees and the remainder will go toward the Medicaid lien. If you see that the Mediciad lien is larger than the value of the property and other estate assets then it is better to go on and hire an attorney to help you. This reduces your liability and work load. Since Mediciad will get all the left over assets and attorney fees will be paid before Medicaid it will not cost you anything to bring the attorney on board.

If you are interested in locating a local attorney to help you, let me know where you are and I will get you to a local expert that knows Medicaid law and estate procedures.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Thank you,

John

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