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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116816
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My mother in law was on medicad now that she has passed away

Customer Question

my mother in law was on medicad now that she has passed away they what there money back ,they are going back to 2001 can they go back that for .plus they waited 6 month to send us a lettler
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Medicaid is entitled to recovery of all money paid out on behalf of an insured and this money is to come from the estate of the deceased, NOT FROM THE HEIRS. So, medicaid is entitled to a claim against her estate and you will need to negotiate with Medicaid based on the amount of assets in the estate and many times they agree to take less money.
They can go back for the entire time they provided benefits, but again they will consider the assets of your mother in law's estate to determine what they will negotiate to accept.