Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Can Medi-cal or Medicare or Hospital or nursing home go

Customer Question
after unpaid bills in a...
can Medi-cal or Medicare or Hospital or nursing home go after unpaid bills in a TOD brokerage account of beneficary in CAlifornia
Submitted: 5 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 5 minutes by:
2/6/2018
Estate Lawyer: RayAnswers, Attorney replied 5 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,257
Experience: Texas lawyer for 30 years in Estate law
Verified

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.

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 5 months ago

No they cannot.These pass by contract under the TOD and not thru probate.So they cannot get at them here.They pass to the named beneficiary by contract and its your money at that point.They have no claim to it here under California law.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Estate Law Question
Customer reply replied 5 months ago
would you pleas provide link. As I am getting conflicting reading that it may not be the case -- if the TOD was established to prevent debt collection etc.
Estate Lawyer: RayAnswers, Attorney replied 5 months ago

For Medi-Cal members who die on or after January 1, 2017: (See Changes to Estate Recovery effective January 1, 2017 due to Legislation SB 833)

http://www.dhcs.ca.gov/services/Pages/TPLRD_ER_cont.aspx

  • Repayment will be limited only to estate assets subject to probate that were owned by the deceased member at the time of death.

  • Repayment will be limited to payments made, including managed care premiums paid, for nursing facility services, home and community based services, and related hospital and prescription drug services received when the member was an inpatient in a nursing facility or received home and community based services.

Ask Your Own Estate Law Question
Customer reply replied 5 months ago
what about the Hospital -- can the Hospital go after TOD?
Estate Lawyer: RayAnswers, Attorney replied 5 months ago

No they cannot come after it here it passes straight to the person by contract.No creditor can touch it.

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,257
48,257 Satisfied Customers
Experience: Texas lawyer for 30 years in Estate law

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,841 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

48,257 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,133 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,514 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,209 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
If a person acquired funds (through gift or inheretance)
If a person acquired funds (through gift or inheretance) while being in a nursing home and on Medi-Cal (california version of medicaid) - -can Medicaid put a lien on these funds? If Medi-cal can put a… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,841 satisfied customers
Person "A" had a brokerage account. Person "" transferred
Person "A" had a brokerage account. Person "B" transferred (gifted) stocks to person "A". While the transfer transaction was processing by the brokerage house -- person "A" died one day before the tra… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,841 satisfied customers
The person started receiving a small royalty of $25 to $50
the person started receiving a small royalty of $25 to $50 monthly while in nursing home and Medi-Cal. The person has no assets or other income -- thus he is fully paid by Medi-cal for his nursing hom… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,257 satisfied customers
Can a Medi-cal put a lien on the bank account of the
can a Medi-cal put a lien on the bank account of the recepient of Medical while the person in the nursing home in CA if substantial amount of money were added to this person account by inheritance or … read more
LegalGems
LegalGems
Juris Doctorate
12,599 satisfied customers
A person in Nursing home in California and receives
a person in Nursing home in California and receives Medical/Medicare to pay for the nursing home. The persons receievs a large inheritance (1 million) in a form of a stock which he invests in TOD (tra… read more
socrateaser
socrateaser
1,031 satisfied customers
My grandfather has been in a skilled nursing home for long
My grandfather has been in a skilled nursing home for long term care. He has been at this facility in california for the past 3 years. Every year, the nursing home has to determine is elegibilty becau… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,841 satisfied customers
I am 50. My husband is 60. We have both been turned down
I am 50. My husband is 60. We have both been turned down for Long Term Care Insurance. If one of goes into a nursing home, how can we protect our assets/home? We live in California… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
1,223 satisfied customers
My mother recently passed away, I am the executor of her
My mother recently passed away, I am the executor of her will. She had a reverse mortgage on her home. The last two months she was living in a SNF and it was being paid by Medicaid and Her Social Secu… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
1,223 satisfied customers
Do Medi-Cal benefits have to be Repaid upon Death? My brother
Do Medi-Cal benefits have to be Repaid upon Death? My brother recently died in California without a will. For the last 4-5 months of his life, he was in a nursing home in which Medi-Cal paid some of t… read more
LegalGems
LegalGems
Juris Doctorate
12,599 satisfied customers
My brother recently died in California without a will. For
My brother recently died in California without a will. For the last 4-5 months of his life, he was in a nursing home in which Medi-Cal paid some of the costs. My brother paid a "shared cost" to the nu… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,133 satisfied customers
My 90 year old aunt fell, was hospitalized and is being discharged
My 90 year old aunt fell, was hospitalized and is being discharged into a skilled nursing facility. She has $32,000 in savings. How can she prepay her funeral and burial expenses from her savings with… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,176 satisfied customers
Hello, I have a question about repaying Medi-Cal (California
Hello, I have a question about repaying Medi-Cal (California program to help low-income residents with medical care). Can someone help with this? thanks!… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My mother recently passed away after a hospital visit and nursing
My mother recently passed away after a hospital visit and nursing home stay. She had the following: checking - POD to me ($24,000) brokerage - TOD to me and my sister ($12,000) life insurance - benefi… read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
I live in California. My mother is 80 years old. She has very
I live in California. My mother is 80 years old. She has very little money and may need to qualify for Medi-Cal for she requires Nursing home care. Is there any way I can leave money in a trust for he… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
My wifes mother is 78 and wants to give her house to my wife
My wifes mother is 78 and wants to give her house to my wife (mother to daughter). Sign it over to her, but she would still live there until she passes. The house is in California and we are in Texas.… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,841 satisfied customers
My mother is 82 years old, will probably have to enter a nursing
My mother is 82 years old, will probably have to enter a nursing home for extended care - this will be paid for by medicaid, will they take her home as repayment?… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,176 satisfied customers
I live in Califoria and my parents lived in California before
I live in Califoria and my parents lived in California before both passing this year. Property is in a living trust we are attempting to keep in the family and what little was in an investment account… read more
socrateaser
socrateaser
1,031 satisfied customers
My disabled (due to schizophrenia) brother, who will be 55 ...
My disabled (due to schizophrenia) brother, who will be 55 yo this year, has medicare and medi-cal coverage. His home is in a trust, but medi-cal says they will go after an estate for the cost of cove… read more
Jane Doe Deer's Jobs
Jane Doe Deer's Jobs
Attorney
Post-Doctoral Degree
14 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x