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Thank you for your question. Please permit me to assist you with your concerns.Judy, if you do not have a written agreement, your care for your parents is deemed to be a 'gift', or an unenforceable claim. To demand money back you must show that there was some sort of a contractual obligation or a paper trail that would corroborate your claims. Otherwise Medicaid has no obligation to pay you back, the funds are not something that the state will return to you because there is an unprovable debt owed to you for the care. Without an agreement the state will receive the proceeds first, then if anything remains, provide it back to your father's estate, and then via probate you could seek the funds. But if nothing remains after the state takes their portion for medical bills, your share would otherwise not be covered because there is nothing in writing compelling them to return it. The fact you cared for them full time is irrelevant, you still needed an agreement, I am afraid.I am sorry.
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