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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 12928
Experience:  B.A.; M.B.A.; J.D.
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can payments be made to settle Medicaid leans

Resolved Question:

can payments be made to settle Medicaid leans
Submitted: 11 months ago.
Category: Estate Law
Expert:  Phillips Esq. replied 11 months ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.


Could you explain a little more?
Customer: replied 11 months ago.



Customer: replied 11 months ago.

recently my father passed away, I am the heir to the estate, I have been told by the administer my brother, that there will be a lean put on the property, I don't know the amount, but when notified will have to come up with the full amount at once or will I have the option to make payments.

Expert:  Phillips Esq. replied 11 months ago.

Thank you for the information:


recently my father passed away, I am the heir to the estate, I have been told by the administer my brother, that there will be a lean put on the property, I don't know the amount, but when notified will have to come up with the full amount at once or will I have the option to make payments.




Response: The amount would have to be paid at once. However, under certain circumstances, there would not be Medicaid Recoupment in the first place:


"Estate recovery is prohibited in certain instances when Federal law deems that the needs of certain relatives for assets in the estate take precedence over Medicaid claims.22

States are prohibited from making estate recoveries:

  • During the lifetime of the surviving spouse (no matter where he or she lives).
  • From a surviving child who is under age 21, or is blind or permanently disabled (according to the SSI/Medicaid definition of “disability”), no matter where he or she lives.
  • In the case of the former home of the recipient, when a sibling with an equity interest in the home has lived in the home for at least 1 year immediately before the deceased Medicaid recipient was institutionalized and has lawfully resided in the home continuously since the date of the recipient's admission.
  • In the case of the former home of the recipient, when an adult child has lived in the home for at least 2 years immediately before the deceased Medicaid recipient was institutionalized, has lived there continuously since that time, and can establish to the satisfaction of the State that he or she provided care that may have delayed the recipient’s admission to the nursing home or other medical institution."

For more information on estate recovery, click here.




Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 12928
Experience: B.A.; M.B.A.; J.D.
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