My grandmother died 7 years ago and Medicaid filed a claim against the estate. At that time she did not have anything to open an estate. Her husband died 4 years prior to her death. He was in a class action lawsuit for asbestos exposure contributing to his cancer. We are now in the settlement phase of the lawsuit. I have now had to open an estate for the grandmother for this workmans compensation settlement. Will Medicaid claim still stand?

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CB, do you have any idea whether your GF was listed as a party plaintiff only for himself, or was your GM named as his spouse? Also, was your GM his only heir or were their other heirs?

I ask b/c if your GM was his sole heir, she would theoretically inherit his share of a lawsuit judgment or settlement, but if he had other heirs, those heirs might be in line for a portion of that settlement and the funds wouldn't all be available to her. This would make a difference how much would be available to Medicaid, via your GM's inheritance.

However, I don't what federal or states laws might come into play for a lawsuit judgment or settlement for a deceased party plaintiff or plaintiffs, and how those statutes might affect a previously filed Medicaid claim.

Nor do I know if there's a statute of limitations on Medicaid claim collection.

I raise these issues so that you can be sure to discuss them with an attorney with probate experience. I get the sense that you already have, since you've opened up an estate for your GM.

This is a complex situation; could you be kind enough to post back when you have answers? I think that would help others who might eventually find themselves in similar situations.
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You need to consult a lawyer familiar with Medicaid and probate laws in your state and show him/her the paperwork the state filed at the time. This is a complicated question and really needs professional advice familiar with your state's laws.
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