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RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 29 years in Estate law
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My mother passed away May 26/13. She was getting Medi-Cal.

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My mother passed away May 26/13. She was getting Medi-Cal. She did a quit claim 4 yrs ago to transfer home to me. I don't know if I should continue paying house or Medical recovery will take over because if that is so I would rather stop paying.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Thanks for your question and good morning.Was the transfer prior to her receiving MediCal here, some more information--did you file the quitclaim then??
Customer: replied 1 year ago.


Good morning,


the transfer occured afterwards. My mother has been receiving Medi-cal at least 10 years. Quit claim was filed in 2010 under sister's name. There isn't much equity as she refinanced. She owed 132,000 and I was told value is 100,000. The address isXXXXXCalexico, CA.

Expert:  RayAnswers replied 1 year ago.

It would then be possible for MediCal to assert a claim here for benefits paid.Honestly if she transferred the property her MediCal should have been denied because it was an uncompensated transfer of assets(gift).All she can do here is wait and see if MediCal asserts a claim.

It is possible they decide not to do so because title was out of her name at some point so they may not pick up on it in an asset search.These are computer driven so it may well go undetected since the property was no longer listed in her name if there was a quitclaim filed.There is also a hardship process if they assert a claim/lien.

Here are the hardship criteria, she would need to complete the application which would be attached to the claim from MediCal.

http://www.dhcs.ca.gov/services/Pages/SubstantialHardshipCriteria.aspx


If MediCal here is going to assert a claim you should hear from them within six months, otherwise you would be in the clear.And you still have hardship waiver if they do.

The site above has both criteria and the hardship application in case you need it.If I had ot venture a guess it would be that they likely do not pick up on it since the transfer occurred four years ago.It is possible here but unlikely.If you haven't heard from them in another four months or so they have not picked up on it and you would own the property free of claims by the state.

 

In your situation sitting tight here for a few months would be the way to go.It is unlikely they would assert a lien and after a few months you will know if they have not notified you of one.

 

Good reference--here you can see it is unlikely they would pursue this given the four years ago it was transferred.

 

http://www.canhr.org/factsheets/medi-cal_fs/html/fs_medcal_recovery_FAQ.htm

I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.

Customer: replied 1 year ago.


My mother is dead so can I fill out the hardship criteria claim?

Expert:  RayAnswers replied 1 year ago.
No unless they contact you here about a claim you tieed do nothing.I would not advise you to contact them.Honestly there is potential for medicaid fraud so it is not in your interest to do anything but wait.When she transferred the homestead under the rules she should have notified the eligibility worker.They would have penalized here for up to six years for gifting it away.She didn't do that.It's water under the bridge.They are unlilkey to pursue estate recovery because they cannot match up the property(not in her name) to her bill.They also are unlikely to puruse this for fraud since she deceased.


It is highly unlikely that MediCal will pursue this.If you haven't heard from them in another say four months you can assume they are not going to assert a lien.Since this transfer occurred so long ago I do not think they will fool with it.

From my experience in estate recovery this is a computer driven one they match names of the deceased persons with the deed records.Since this transfer occurred a while ago it is unlikely they would uncover it to assert a claim against it as the land here is no longer in her name as an asset.

Sitting tight here for a few more months assuming that she is likely in the clear is the way to go.I just cannot tell you aboslutely but there is a 99% chance this doesn't get discovered and a claim asserted.


Thanks again for letting me help you today.If you haven't heard from MediCal by then assume they are not going to assert a claim.My best guess is that it would not be found at all because the land is not in her name and would not match up with a computer search.

You have to understand there are thousands of these and its like searching for a neeedle in a haystack.They only pursue ones where an asset search shows assets in a recipients name.Here the property was transferred four years ago it is unlikely there is any match at all.

If she hasn't heard anything from MediCal by say Thanksgiving then they aren't going to pursue it.They have a pretty short time period to assert claims.

Thanks again.
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29981
Experience: Texas lawyer for 29 years in Estate law
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