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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 9910
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Can the Human Resources Administration come after an estate

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Can the Human Resources Administration come after an estate for Medicaid payments 17 months after the death? The estate has been probated and final accounting written off. This is in New York State.

LegalGems :

Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! No; the state must make a claim within 7 months after a fiduciary (ie executor/personal representative) is appointed. Please see page 10 of the attached: specifically:

Filing th

e claim.


should f

ile its c


within seven months from the date a fiduciary is

first appointed.

If the LD

SS files

its claim after

this seven-month period, the fiduciary will not be

liable if he or she has in good faith paid other

claims or distributed the estate.
LegalGems :

A letter sent to the claims administrator attaching the above should prove helpful.

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