To me, It’s not exactly an elder law problem as the elder has died. It’s more of a probate atty issue as whatever is done now is guided by probate / heirship laws and how liens or claims are dealt with in GA. Ideally would be an atty who has a practice that does both. Premack & his son & associates do both for TX & WA. Their awesome.
HMS - mentioned in Premack article that 97 posted about - is the outside contractor for MERP for GA as well as Texas. HMS is very proactive. They get a % of the recovery. Whomever was the contact person for the elder on Medicaid should get a NOI (notice of intent) from HMS that will have a questionnaire as to what family intends to do for the deceased estate. Once you get it, I’d schedule an appointment with the probate atty with MERP experience as to discuss how or if to reply. Between now and then, please take the time review in detail the exemption, exclusion and hardship requirements for GA MERP to discuss with some degree of knowledge going into the atty meeting.
Also your states laws will be very important in all this. Some states do not allow for a unsecured lien to be placed onto a property. For those states, Only secured creditors - like a mortgage holder - can place a lien. If GA does this (TX has this), then MERP becomes a claim against the estate. Claims are a different legal creature than a lien. The atty can explain all this to you and what you maybe up against to deal with MERP GA.
Mom has been gone since Sept 2017. I wanted to know what she would owe so I contacted her caseworker and he emailed me Medicaid's letter Giving me the total owed and where to send the check. I Haven't checked with the tax office to see if a lean has been put on the house. Just realize, lean or not if you sell her house then it's still a debt you know is owed and should be paid.
Hi PurpleHayes Check this post out. It doesn’t directly answer your question but gives you an idea of the complexity of MERP and how the right steps can assist and why. Seek the advice of a Certified Elder Attorney for your state of Georgia so you know you are getting the correct procedure for your unique situation.
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HMS - mentioned in Premack article that 97 posted about - is the outside contractor for MERP for GA as well as Texas. HMS is very proactive. They get a % of the recovery. Whomever was the contact person for the elder on Medicaid should get a NOI (notice of intent) from HMS that will have a questionnaire as to what family intends to do for the deceased estate. Once you get it, I’d schedule an appointment with the probate atty with MERP experience as to discuss how or if to reply. Between now and then, please take the time review in detail the exemption, exclusion and hardship requirements for GA MERP to discuss with some degree of knowledge going into the atty meeting.
Also your states laws will be very important in all this. Some states do not allow for a unsecured lien to be placed onto a property. For those states, Only secured creditors - like a mortgage holder - can place a lien. If GA does this (TX has this), then MERP becomes a claim against the estate. Claims are a different legal creature than a lien. The atty can explain all this to you and what you maybe up against to deal with MERP GA.
Giving me the total owed and where to send the check. I Haven't checked with the tax office to see if a lean has been put on the house. Just realize, lean or not if you sell her house then it's still a debt you know is owed and should be paid.
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Check this post out. It doesn’t directly answer your question but gives you an idea of the complexity of MERP and how the right steps can assist and why.
Seek the advice of a Certified Elder Attorney for your state of Georgia so you know you are getting the correct procedure for your unique situation.
google.com/amp/s/www.mysanantonio.com/life/life_columnists/paul_premack/amp/Can-MERP-claim-be-avoided-12357331.php