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I received a letter from NJ Dept. of Human services Div. of…

I received a letter...

I received a letter from NJ Dept. of Human services Div. of Medical Assistance & Health Ser.(Medicaid) in reference to my mother's death in OCT. 2017. They are attempting to determine if they should file a claim or lien against the estate. She was on Medicaid and died with nothing of value which was disclosed during the initial application for Medicaid and renewals that follow. I had arranged as power of attorney a prepaid funeral that was done just before I applied for Medicaid for her. All insurance policies were cashed. Mom had worked for the state of Delaware which provided a burial benefit that could not be paid until death. The beneficiaries were my 2 brothers and myself. This was disclosed to Medicaid in the application and renewal processes with a letter from the Delaware pension office explaining it was not an insurance policy but a death benefit.. We used some of the money to pay for extra funeral cost and repast at church. My question is: Does Medicaid consider this burial benefit a part of my Mom's estate? Can they claim any or a portion of this benefit?

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

My mother lived most of her life in Delaware, but the past 10 years she lived in New Jersey .

Lawyer's Assistant: What documents or supporting evidence do you have?

I have Medicaid applications and renewals, and all of mom's yearly pension burial benefit statements from the State of Delaware. Also, have copy of letter from Aug. 2012 stating: "the burial benefit is provided by 29 De. Code 5546. There is no cash value associated with benefit. No payment is authorized until death."

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Want to know how to fill out form letter that was sent to me.

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Answered in 11 hours by:
3/7/2018
Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 4,196
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Under New Jersey law, P.L. 1999 Chapter 193, funeral directors and insurers issuing policies covering funeral expenses are required to forward to DMAHS any dollars remaining in a Medicaid beneficiary's irrevocable funeral trust fund or burial insurance policy after reasonable funeral expenses have been paid, but only if the deceased received Medicaid or public assistance benefits. So, if there was money left over that was not used to pay for the funeral and burial costs, then there possibly could be recovery. Otherwise, the mone used for the funeral and burial cost would not be recoverable.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 4,196
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