Fighting Medicaid estate recovery.

"Straight fighting this all the way"

What are your plans to fight it?

I am assuming Mom passed if Medicaid is trying to recoup money.

This is what I was told when I applied for Medicaid for Mom. The Will is really void. First, because there is no money to leave and second, even though the house is exempt at time Mom applied when she passes its a different thing. It depends on how much money Medicaid put out for Moms care if the house gets left to anyone. Medicaid does not take the house. But if its sold, they have the right to recoup their costs. That can be done at least a couple ways. The house gets sold and the Medicaid lean is satisfied. Balance of the proceeds are then split among the beneficiaries. (This is what happened to me) A family member who may inherit it, pays the lean. That house could sit there for years and Medicaid will not "take it". It will probably be sold in a Sheriffs sale to pay the back taxes and Medicaid lean first.

I have Moms paperwork from NJ Medicaid for recouping money. It states that if you and Mom were both residents at the time she entered care and this is ur main residence, you may be able to stay. A lean will still be placed on the house and will need to be satisfied if you leave, sell or die. Since I didn't send paperwork back concerning a resident not sure what would have happened there. But it has been mentioned on the forum that you have to prove that you can afford to pay the bills, taxes and upkeep on the house.

If you were allowed to remain in Moms house while she was in care, I would wonder why it would be a problem after she passes? Unless the recovery laws are different from state to state.

Once Mom was gone, I never talked to Moms local caseworker. I had to talk to someone in Trenton, the capital, concerning the house. The recovery letter, the lean paperwork and eventually the paperwork saying the lean was satisfied all came out of Trenton. I actually did requested a letter, from the local caseworker, saying what Mom owed so I knew how much I needed to sell the house for to satisfy the lean before the lean paperwork was sent. The letter came from Trenton so that's who I always dealt with.

I hope you have a lawyer well versed in Medicaid recovery.

A caregiver child can stay in the home but Medicaid will keep their lien on the property. If the house is sold, Medicaid will get their share.

As this house is left to you in a will, ask your lawyer if there is any chance you can simply remain in it without selling? The medicaid folk may then put a lien on it that they can recover on sale of the home, but perhaps this can be put off for some time? I, too, hope you will update us as you move along, Diane. Try to get an hour consult with a Trust and Estate Lawyer who is familiar with medicaid recovery. Again, wishing you luck.

Diane, I know how much family caregivers can be sacrificing by providing care. I hope you can prevail.

It would be great if you updated this thread occasionally to let us know how things go, good or bad. Any information you learn would definitely help others in a similar situation now, or those considering it.

Blessings to you.

You are welcome to fight it, certainly, and I am so sorry your Mom had no funds at end of life to be able to pay you. You are correct, that her care, given in any LTC facility would have been more costly. However, you applied for and received funds from a combination Federal/State program that is funded by taxpayers. That means that any assets remaining to your Mom will to to reimburse the taxpayer in so far as that can be done. I am sad that you were not more well informed that this would indeed be the case.
While you certainly can fight this, it is doubtful that you will win against government lawyers, nor be able to pay your own lawyers at about 350.00 an hour.
We see often on Forum that family members who give up their own living quarters, their homes and their jobs to care for elders do end up homeless and without a job or a job history. It is a reality. And any pay their can receive is not really fair compensation for what they do.
I am sorry for this pain, and this struggle. But I thiink I would not sink any money into this. And do take great care dealing with Government authorities.
I wish you luck ongoing.