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RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 30 years in Estate law
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If a person has a pod account set up with a beneficiary,

Customer Question

if a person has a pod account set up with a beneficiary, does a nursing home have a right to claim any of that money
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

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.

I appreciate the chance to help you today.Thanks again, let me know if you have more follow up.

Expert:  RayAnswers replied 1 year ago.

You are so welcome.If you can positive rate so I may be paid it is always much appreciated.