Hello all, I have a question I hope y'all can answer. I have received a letter from HMS notifying intent to recover cost from my dad's estate. Should I go through with the probate first? (He does have a will and I am the executor.) Thanks in advance.
If you are beginning this journey keep all correspondence, receipts, papers, notes and bank statements...EVERYTHING! I have a file cabinet full of documentation. If anything is requested I will take them the cabinet :)
Forums are no replacement for law answers.
FYI: Each state has it's own criteria for Medicaid if father was on
That means all bills are for you to handle.
And yes, Medicaid is sending this to the Estate of your Dad. His assets stand to pay the government back for what they put into his care with "recovery".
Were I you I would make the governmental bills first paid. Most other bills cannot be collected other than the debtors filing court case and getting judgement, which your father then would stand to pay after his death via his Executor of the estate.
If I were you I would go to a Trust and Estate or a probate attorney. Their first step getting you an EIN number, which the probate attorney can do for you. The more you handle your own Executrix stuff the less money you will pay attorney's but they are invaluable to have on speed-dial in my experience as POA, Trustee, and executor.
Does Dad own a house? If not, what does he have to Probate? In my State, when my Mom passed, anything under 20k did not get probated.
When my Mom passed, all she had was her house. I got a letter from Medicaid and informed them she only had the house. They then placed a lien on it which was satisfied at time of sale. I think, that property taxes and debts owed come before Medicaid recovery. So, yes, you would have to Probate first. Then you will have an accounting of what is left? But again, unless Dad has a house, I can't imagine what assets he would have that would needed to be Probated.