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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.

rcvela001: Pose your question to an attorney.
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Reply to Llamalover47
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As a follow-up to previous post:
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 :)
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Reply to dogwithav
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AlvaDeer Feb 8, 2025
EXACTLY
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Elder Care Lawyer needs to be consulted. Check with the lawyer who made the will and go from there.
Forums are no replacement for law answers.
FYI: Each state has it's own criteria for Medicaid if father was on
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Reply to dogwithav
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You need to consult with an Elder Lawyer. It will be worth the money so no mistakes are made. I am pretty sure I was told that Medicaid is not the first in line as a lien holder. Property taxes would trump Medicaid. My Mom had both.
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Reply to JoAnn29
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You are the Executor.
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.
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Reply to AlvaDeer
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Your father should have nothing if received funds from Medicaid for "in home care" or LongTerm Care. The 2k in assets allowed, or whatever ur State allows in assets, is part of his estate and so is his Personal needs account if he was in LTC.

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.
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