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Hi and welcome to JA. Ray here to help you tonight.
Medicaid here can through estate recovery seek to recover payments made for nursing home care. So yes medicaid has estate recovery and they will pursue recovery.Federal law here mandates that all states have these including Arkansas.
Reference to estate recovery..
What is Estate Recovery and how does that affect my Medicaid benefits in Arkansas?
To put it simply, when a Medicaid applicant dies, the state of Arkansas will go to that person’s estate and say “We’ve spent money on this person, and we went to get some of that money back.” That expensive house is how the state will recover that money. As the house goes through probate and gets sold, any proceeds go to the state first, and then proceeds will go to the family next.
Can I protect my house from going through estate recovery in my will?
Regardless of what your will says, the state of Arkansas is still first in line to recover proceeds from the estate.
Are there any exemptions or exceptions to estate recovery laws in Arkansas?
There are a few exemptions to estate recovery laws. In these cases, the state would not receive proceeds from the estate as it goes through probate. These exceptions are as follows
If the will designates the house to a disabled child
If the house is the only asset of the beneficiary
If the deceased has children under the age of 21
If the home is still occupied by the deceased’s spouse--note they cannot force sale until both spouses decease here.
If there is a child who lived in the home for at least two years prior to parent’s death, and that child living there prevented the parent from going to a nursing home
I appreciate the chance to help you tonight.Thanks again.
Susan if you can leave a positive rating it is always sincerely appreciated.