Medicaid estate recovery can cost you the opportunity to leave a legacy because the assets you intend to pass on to loved ones could be lost. Cincinnati nursing home lawyers provide information on Medicaid estate recovery so you can understand the key facts about how estate recovery works and how it can affect you.
Zimmer Law Firm has helped many clients to protect their assets so they do not have to worry about their money and property being lost. To find out more about the ways in which we can work to ensure you are able to get covered for Medicaid without losing your ability to pass assets on to loved ones, give us a call to talk with Cincinnati nursing home lawyers.
Facts About Medicaid Estate Recovery
Medicaid estate recovery can become an issue when money from a state’s Medicaid program is used to pay for the costs of long term care for a person who was permanently institutionalized, If a state provided Medicaid funds to pay for the care of someone aged 55 or older, Medicaid estate recovery is also an issue.
The Ohio Department of Medicaid explains that the estate recovery process involves an attempt to get the Medicaid recipient’s estate to pay back the money that the state spent. An estate consists of “all real and personal property,” which the deceased person who used Medicaid owns at the time when the deceased person passes away. The Department of Medicaid makes clear that it does not matter whether the assets pass through the probate process or not. Even if assets do not pass through probate, they are a part of the deceased person’s estate and the state could try to make a claim to those assets to try to get paid back for Medicaid services.
When a person who has received Medicaid and who is subject to estate recovery passes away, the executor of an estate is responsible for providing notice to the Ohio Attorney General’s Office. The Attorney General’s Office will make a claim and act as a creditor on the estate. The state will thus attempt to take assets belonging to the deceased person so those assets can be used by the state to recoup the money spent providing nursing home care or other care.
Estate recovery happens only after the surviving spouse of the Medicaid recipient has passed away, and only if the Medicaid recipient who passed away does not have a surviving child under the age of 21 or a surviving child who is disabled or blind. If the state obtaining assets in estate recovery would cause undue hardship to a surviving relative of the Medicaid beneficiary who passed away, then the state’s claim in estate recovery could either be delayed or could be voided.
Estate recovery is a big problem because so many seniors do end up relying on Medicaid to pay for nursing home care or to pay for care after the age of 55. Medicare pays for care in a skilled nursing facility, but this is not the kind of care most seniors needs. Most older people go to a nursing home or get long-term care service because they require custodial care, or routine help with activities of daily living. Medicare doesn’t cover this kind of care and it is very expensive, so many seniors end up relying on Medicaid. This could mean seniors need to impoverish themselves during their lifetime to get covered since Medicaid is means tested— and it could mean they are vulnerable to estate recovery after death.
Getting Help from Cincinnati Nursing Home Lawyers
Cincinnati nursing home lawyers at Zimmer Law Firm will assist you in putting together a comprehensive, personalized plan for getting your nursing home care covered so you do not have to worry about estate recovery. You should give us a call as soon as possible, as taking action well before the time nursing home care becomes necessary for you can be important to ensuring you are able to get Medicaid to cover you while protecting your money and property.
You deserve the chance to use the property you have worked so hard to acquire to provide a legacy for your loved ones. Don’t let the fact you need nursing home care deprive you of your chances to pass down your wealth. Join us for a free seminar to find out how Zimmer Law Firm can help you to protect your assets. You can also give us a call at 513.721.1513 to get a personalized plan in place for affording nursing home care while keeping your wealth safe.
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