Can Medicaid recover anything if there is a surviving child who is disabled?

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Medicaid estate recovery- My mother in law recently died and has a son who is disabled, but did not live at the home the time of her death. She did not go into a nursing home and was only being taken care of by aides a little over a year in her home. She paid for medical insurance and also had Medicare at the time of her death. Can Medicaid recover anything from the property if she did have Medicaid over five years ago she died at age 83?

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My Aunt received Medicaid and her disabled son lived with her. He was allowed to stay in the house as long as he kept up the bills, taxes and upkeep. If he ever sells, he pays 23k out of what he gets. Your BIL didn't live with his mother.
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Reply to JoAnn29
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Do you have the case info on the Medicaid your Mom received both times. As far as I know, there is no expire date on Medicaid. Usually a lean is not applied to the house till person dies. I would call Medicaid and ask them if there is any money showing owed. I did this and was sent a letter giving me the amount owed. If you have the case nos. It will help. Once you have the info u need to give it to the realtor so they are aware that the lean will have to be satisfied at time of closing.

Is the son on SSD and Medicaid. Will he get a portion of the sale? If so, u may want to look into a Special Needs Trust to protect his portion. If he gets money it will effect his Medicaid.
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Reply to JoAnn29
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I’m out in left field about Medicaid other than being denied twice for it, but are you concerned about your brother-in-law’s care? Is he on Medicaid or Medicare?  Medicaid would probably seize any assets of your MIL they can but since BIL’s coverage is his own, they can’t take anything from him. Did MIL have Medicaid or Medicare? Those are 2 different things. Medicare and supplemental insurance stop at death, of course, but you should only hear from providers with outstanding bills Medicare and supplemental didn’t cover. Medicare won’t seize any assets. I’m sure someone else can give you a better answer.
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