The state cannot make a claim against assets of the deceased spouse that never belonged to the Medicaid-recipient spouse. In a very few states, there is a "tracing" approach that permits the state to attach assets of the at-home spouse (following their death) if such assets formerly belonged to the Medicaid-receiving spouse. In all cases, however, note that the state must wait until after the death of the Medicaid-recipient spouse to make its claim for reimbursement/recoupment.
Not enough information - are you the Medicaid recipient who lost your spouse? "Deceased spouse of a Medicaid recipient" as written is confusing - perhaps you could clarify what you mean. Your original question does make sense and you should check with Medicaid or an attorney who specializes in Medicaid law.
" The state must wait until after the death of the spouse of the Medicaid -recipient in order to make its claim for reimbursement/recoupment". And I say,"Good Luck with that". From where will these funds come from? An estate ( of the remaining spouse), could become insolvent, and there is nothing that the state could do about it. Tell me where I'm going wrong, Mr. Heiser.
More information needed. In my understanding, assets inherited by someone become theirs, not the deceased's, even if the name on the account has not formally been changed to delete the deceased's name from it. Inherited Assets that belong to a surviving spouse, are assets DSHS/Medicaid can Lien, to help pay for the bills accrued by a surviving spouse who receives Medicaid/DSHS help---DSHS will have to wait until the estate is settled, like everyone else, but a State Lien ranks almost as high in priority as IRS Liens; anyone else with Liens filed, comes later, if there's anything left.
You may be correct, Chimonger. Liens applied by the State rank high in collection. However, where would the state attach the lien? Real Estate?...maybe/ maybe not. The only way the state can collect on a real estate lien is when title passes. If title is held by another person, I don't see how the state can collect. It behooves those with title as JTWROS to apply and obtain a title in their own name, not as a survivor after the spouse in question dies. A widow or widower should obtain a new title and a new warranty deed.
N1K2R3, in at least my state, probably others, the state can go "back" from 5 years prior to the date the Medicaid recipient began receiving benefits, and (for example) if the recipient gave away a car to their niece, they can pursue the niece for fair market value of the car. But I agree with butterflykisses, there is not enough information in the original question, there could be a variety of answers. It's nice that there are some "expert" answer people here such as Mr. Heiser.
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In all cases, however, note that the state must wait until after the death of the Medicaid-recipient spouse to make its claim for reimbursement/recoupment.
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And I say,"Good Luck with that".
From where will these funds come from? An estate ( of the remaining spouse), could become insolvent, and there is nothing that the state could do about it. Tell me where I'm going wrong, Mr. Heiser.
In my understanding, assets inherited by someone become theirs, not the deceased's, even if the name on the account has not formally been changed to delete the deceased's name from it.
Inherited Assets that belong to a surviving spouse, are assets DSHS/Medicaid can Lien, to help pay for the bills accrued by a surviving spouse who receives Medicaid/DSHS help---DSHS will have to wait until the estate is settled, like everyone else, but a State Lien ranks almost as high in priority as IRS Liens; anyone else with Liens filed, comes later, if there's anything left.
A widow or widower should obtain a new title and a new warranty deed.
But I agree with butterflykisses, there is not enough information in the original question, there could be a variety of answers.
It's nice that there are some "expert" answer people here such as Mr. Heiser.