Not sure how to deal with this letter from Medicaid?

Go to the nearest DHHS office and see a representative in person. They will help you. I have been several times. My mother is in the nursing home and we had to prove that we spent down all of her money and I had to keep records. I even went to an elder law attorney to make sure I was doing everything right. When a Medicaid patient passes away, they do go back and do a final check in what is called “ estate recovery” but it sounds like your Mom’s situation is cut and dried meaning very simple. That letter may just be a procedure that is required. The rep at Medicaid will help you. Don’t try to do it over the phone. You will just get “intake person” who does not know squat. I learned that quickly. You will have a good productive day if you go in person.

Unless have experience in the field, consult an elder law attorney. This is not a do it yourself project. The attorney will know how to handle this. Doing it yourself without any background can get yourself into situations that can be avoided with a respected attorney familiar in the subject. And if you do proceed, make a mistake, it costs a lot more an attorney to fix the situation. Get help. You'll sleep better.

I don’t have any answers just wanted to say that I am sorry for the loss of your motherI hope things will get better there are slot of good answers on here. Good luck,Lynn

Oh, Ohmeowzer - I'm so very sorry for the loss of your mom, who sounds like she was a much loved, and loving, woman. With respect to your question, based on your description of her lack of assets, I'm wondering if Medicaid has some misinformation that led to a letter being generated. Truthfully, if it is at all possible, I would consult with an elder care attorney or your own attorney if you have one as dealing with bureaucractic stuff like this can be extremely draining, and you are grieving right now, which will only make this more of a challenge. As a first step, I might make a phone call to the person who generated the letter, or ask to speak with someone based on the case number assigned to it. It is possible you could actually find that the letter was in error and you wouldn't need the assistance of an attorney. Sending lots of prayers for comfort for you and your family as you go through the grieving process and positive thoughts that you can find a speedy resolution to the Medicaid mystery. Hugs and love to you.

Since she had nothing. They get nothing. When in doubt call a lawyer. My company gives me 30 minutes with a lawyer for free. See if your company offers EAP-Employee Assistance Program.

I don't need to deal with this as I fortunately do not live in your country [nor will I go there any time soon for this sort of reason] - this is your mom's debt - tell them to auction off the ashes otherwise they aren't getting any money from you unless you are stupid enough to bow to their demands -

Your mom is actually in debt to you for the cremation so you are first in line for any money because funeral expenses must be paid before anything else - this is to stop families from doing a bang up funeral & not being able to pay for it -

Tell medicare to stand in line & that is not your debt so don't pay for it - these gov't [& bank etc] people will try to tell you that you are responsible but most often legally you are not ............. if you pay you are a chump & deserve to be without that money - talk to a lawyer if they persist

Just a quick note about those who mentioned filial laws (requiring children to cover any parent medical debt) - this relates to medical debts, not Medicaid from what I learned in looking it up. There was a case pointed out in another thread, however the woman involved was NOT on Medicare, racked up medical debt (hospital I believe, but nothing to do with Medicaid) and then left the country without paying whatever insurance did not cover. The medical attempted recovery from her son (they were in a state with filial law) and initially the court found in favor of the son. They then sued and won, requiring him to pay.

This also generally applies IF they determine the child(ren) can afford it. Seems pretty obvious that you cannot get $ from anyone who does not have it! They can still sue, but if the child(ren) make bare minimum and have no assets, they are not likely to get anything.

So, even if you are in one of those states that have this filial law, DO NOT pay Medicaid ANYTHING from your own assets. She had nothing, they get nothing. As others have said, it is probably standard operating procedure, but you would think they would give you a little time to grieve before slapping you with this! Hopefully their "form" letter also includes a sympathy line, but it would surprise me if it doesn't.

Your mom must have been a wonderful person. Most likely, the person who sent you the letter is a clueless paper-shuffler. Follow the advice of the other posters and get with an elder law attorney promptly.