My in-laws were both in nursing homes on Medicaid and have passed away. When their estate is sold does Medicaid have to be paid back for both parents? - AgingCare.com

My in-laws were both in nursing homes on Medicaid and have passed away. When their estate is sold does Medicaid have to be paid back for both parents?

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My Father in law was in a nursing home on medicaid for 18 mos. and passed away. My Mother in law recently spent 3 mos. in a nursing home on medicaid and passed away. When the estate is sold does medicaid have to be paid back for both parents?

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The answer will depend on the state in which you live and how the assets in question were titled before your parents demise.

In most states, Medicaid Estate Recovery from a deceased Medicaid recipients estate will be limited to probate assets only.

Some states have broadened their authority to seek non-probate assets as well.

Attorneys are expensive and it would not make sense to run to an attorney to have this question answered. Do a search for "Medicaid Estate Recovery" in your state or call your state Medicaid office.
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It would be best for you to see an elder lawyer who would know the rules for your state if you call medicaide you might not get the right answers to your questions I know I got such a run around from medicare also the social worker in the nursing home or homes should be able to assist you.
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I agree with Austin on both suggestions but will add a third-and that is to check with your area agency on aging as well.

Good luck!

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