Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. Ray here to help you today.
Here if the account passes directly to the beneficiary then t he answer is no.Medicaid estate recovery operates as a creditor during probate--here this would not be a probate asset because it passes to the named beneficiary.So the medicaid folks have no claim to it here.The medicaid folks here are without remedy or right of recovery , this is not a probate asset.Legally they would not be able to touch it.
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