I had to open an estate for my grandmother for this workman's comp settlement. Will Medicaid claim still stand?

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.

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.