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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 50766
Experience:  Texas lawyer for 30 years in Estate law
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My mother was receiving Institutional Medicaid benefits

Customer Question

My mother was receiving Institutional Medicaid benefits while she was living. The NAMI as calculated by Medicaid was incorrect as it included income that was not hers. The incorrect budget was issued in May, 2016, but a fair hearing was not requested. My mother died on January 1, 2017. The nursing home is attempting to collect what they consider unpaid NAMI. I had been paying the correct NAMI. Do I have any recourse to correct this with Medicaid?
JA: Estate laws vary by state. What state are you in?
Customer: NY ---- but I think this is really a question of whether I can still seek a correction of the NAMI with Medicaid. Not really an estate law question -- more a Medicaid question.
JA: What documents or supporting evidence do you have?
Customer: The income they improperly included was rental income for a property that was not owned by my mother but was in an irrevocable trust having been transferred to the irrevocable trust prior to the 5-year look back period.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 11 months ago.
Category: Estate Law
Expert:  RayAnswers replied 11 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 11 months ago.

Did you mother have an estate, are they trying to collect against it, or are trhy trying to get it from you personally?

Customer: replied 11 months ago.
My mother had no estate --- they are trying to collect against me personally.
Customer: replied 11 months ago.
Hello?
Expert:  RayAnswers replied 11 months ago.

Did you sign a guarantee of payment.Otherwise you can tell them to go pound sand.You aren't liable for her debts here.Unless they have a written guarantee of payment signed by you legally you don't have to pay them.You can respond here and state she died insolvent and there is no estate and ask them to close out the account.

Thanks again and if you can positive rate 5 stars it is much appreciated.

It is too late to appeal this with medicaid.

Customer: replied 11 months ago.
Thanks.
Expert:  RayAnswers replied 11 months ago.

You are so welcome.Sorry for the loss of loved one.Thanks for rating 5 stars at top of page.