Don't spend anything out of the acct until it has been probated. Even $100--just don't touch it.
If you are lost in this, retain an attorney. It could be a very simply answer, but you want the law to back you up.
I've been very surprised at the things that the 'law' states is legal--things you wouldn't expect, and until you get the go from the powers that be, you don't have a leg to stand on.
You need a elder lawyer to answer this question since Mom is a survior. Was this acct set up to hold the assets he was allowed to keep? If so, Medicaid is not entitled to those assets, they go to Dads estate as does any money left in his personal needs acct.
The short answer is yes, but it depends on which state he passed in. Do not touch those funds until after both SS and Medicaid are done with their review. So, even if he had a beneficiary named on that checking account... that person should not touch those funds and neither should the Executor/Personal Representative.
"Practical steps for families / executors
1. Don’t distribute estate assets before probate is opened. If you already transferred funds out or distributed assets before probate, recovery/claims can become complicated.
2. Open probate promptly (if required in your state) and notify the executor/attorney of the MERP claim if you receive notice.
3. Respond to any MERP notice in writing and ask for documentation of the claim amount and legal basis.
4. Check for exemptions or hardship waivers (surviving spouse, minor/disabled child, hardship).
5. Talk to a probate/elder-law attorney right away — they can advise whether the MERP can attach particular accounts and how to contest overreaching claims."
Source: ChatGPT (and our own recent personal experience).
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If you are lost in this, retain an attorney. It could be a very simply answer, but you want the law to back you up.
I've been very surprised at the things that the 'law' states is legal--things you wouldn't expect, and until you get the go from the powers that be, you don't have a leg to stand on.
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"Practical steps for families / executors
1. Don’t distribute estate assets before probate is opened. If you already transferred funds out or distributed assets before probate, recovery/claims can become complicated.
2. Open probate promptly (if required in your state) and notify the executor/attorney of the MERP claim if you receive notice.
3. Respond to any MERP notice in writing and ask for documentation of the claim amount and legal basis.
4. Check for exemptions or hardship waivers (surviving spouse, minor/disabled child, hardship).
5. Talk to a probate/elder-law attorney right away — they can advise whether the MERP can attach particular accounts and how to contest overreaching claims."
Source: ChatGPT (and our own recent personal experience).
I would discuss this with a Trust and Estate or probate attorney.