Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

My parents live in Arkansas. If one or both of them end up…

Customer Question
My parents live in Arkansas...
My parents live in Arkansas. If one or both of them end up in a nursing home--and do the Medicaid spend down--can Medicaid recoup funds from the sale of their house after death?
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 9 minutes by:
2/12/2016
Lawyer: Ray, Lawyer replied 2 years ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,079
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you tonight.

Medicaid here can through estate recovery seek to recover payments made for nursing home care. So yes medicaid has estate recovery and they will pursue recovery.Federal law here mandates that all states have these including Arkansas.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 2 years ago
Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 2 years ago

Reference

What is Estate Recovery and how does that affect my Medicaid benefits in Arkansas?

To put it simply, when a Medicaid applicant dies, the state of Arkansas will go to that person’s estate and say “We’ve spent money on this person, and we went to get some of that money back.” That expensive house is how the state will recover that money. As the house goes through probate and gets sold, any proceeds go to the state first, and then proceeds will go to the family next.

Can I protect my house from going through estate recovery in my will?

Regardless of what your will says, the state of Arkansas is still first in line to recover proceeds from the estate.

Are there any exemptions or exceptions to estate recovery laws in Arkansas?

There are a few exemptions to estate recovery laws. In these cases, the state would not receive proceeds from the estate as it goes through probate. These exceptions are as follows

  • If the will designates the house to a disabled child

  • If the house is the only asset of the beneficiary

  • If the deceased has children under the age of 21

  • If the home is still occupied by the deceased’s spouse--note they cannot force sale until both spouses decease here.

  • If there is a child who lived in the home for at least two years prior to parent’s death, and that child living there prevented the parent from going to a nursing home

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 2 years ago

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

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 2 years ago

Susan if you can leave a positive rating it is always sincerely appreciated.

Ask Your Own Legal Question
Was this answer helpful?
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,079
47,079 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray 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:

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

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Is a simple will legal if the sole beneficiary is a
Is a simple will legal if the sole beneficiary is a non-family person? Surviving family consists of cousins only.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
What the the rules of life insurance when the beneficiary is
What the the rules of life insurance when the beneficiary is deceased in the case of a policy owner who is deceased but never changed the beneficiary for the policy … read more
Lori
Lori
Juris Doctor
1,324 satisfied customers
I need to know how to structure a beneficiary designations
I need to know how to structure a beneficiary designations for an inherited ira that my 2nd (current wife) would receive on my death, but I want to ensure my sons and her son remain contingent if she … read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,504 satisfied customers
Are the retirement benefits exempt from from probate
Are the retirement benefits exempt from from probate (Texas)? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,224 satisfied customers
I have been named a beneficiary in a trust and the trustee
I have been named a beneficiary in a trust and the trustee for the estate will not disperse my money! It has been 240 days since I was notified of my inheritance. … read more
KLAW
KLAW
Juris Doctorate
2,102 satisfied customers
Can beneficiaries over ride trustees in time to settle
can beneficiaries over ride trustees in time to settle estate … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,077 satisfied customers
I am the only beneficiary of a testamentary trust that
Hi, I am the only beneficiary of a testamentary trust that dissolves in 13 years. Can the trustee basically tell me what type of vehicle I can buy? He has set peramiters as far as price, years, and th… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,224 satisfied customers
Is it legal for an employer to expect an exempt manager to
Is it legal for an employer to expect an exempt manager to be available and resolve work related issues around the clock? My daughter's is an assistant manager of a high end bar with night shifts. Her… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,224 satisfied customers
I wonder if there are some legal exemptions applied to the
Hi i wonder if there are some legal exemptions applied to the statute of limitations and if so, do they vary from state to state ? please, Thank you … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,224 satisfied customers
Do a person who is named executive and sole beneficiary of a
Do a person who is named executive and sole beneficiary of a deceased person estate obligated to pay creditors/ … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a question about salary for exempted employee. At
i have a question about salary for exempted employee … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,224 satisfied customers
As the beneficiary of an irrevocable trust, and husband, but
As the beneficiary of an irrevocable trust, and husband, but not the trustee, am I responsible for any expenses associated with the real property? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,210 satisfied customers
In California if a beneficiary predeceases the will maker,
In California if a beneficiary predeceases the will maker, does the share of the intended beneficiary who dies without a Will pass to his heirs at law or does the gift lapse?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,848 satisfied customers
If a house is in probate that has several beneficiaries and
If a house is in probate that has several beneficiaries and the executor has the power to sell the property, can it be done without the other beneficiaries signatures … read more
LegalGems
LegalGems
Juris Doctorate
11,942 satisfied customers
Is my vehicle considered exempt property. Arkansas and no. A
Me and my husband have been sued by my aunt we have 3 kids with us and I am the only one working and pay childsupport also… read more
LegalGems
LegalGems
Juris Doctorate
11,942 satisfied customers
Are district hospitals exempt under Public Contract Code
Are district hospitals exempt under Public Contract Code div.2 Part 2, chapter 2 Article 8. conflict of Interest [10410 - 10412], are distric hospitals considered state agency and fall under the CPCC.… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
If a person gave a gift up to the lifetime exemption in 1999
If a person gave a gift up to the lifetime exemption in 1999 ($650,000), but the lifetime limits are now raised, can that person give an additional gift (over the annual exclusion of $14,000) … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Homestead exemption in Florida. My mother passed in 2000,
Homestead exemption in Florida. My mother passed in 2000, her old house my brother decided to live in. He continu d to pay the taxes as they came each year. In 2018, the city of Jacksonville is procla… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 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