4 years after the death of the individual, the patient's home was sold and lien was paid. Now Medicaid is claiming that the death wasn't reported, which it was. Medicaid is saying they should have been paid first, even though they didn't ask for anything right after the death. What is aggravating the Estate was worth less than $25,000. We have been trying to get someone to help us because the lien was placed illegally in the first place. The lien was $21,158.62 including penalties and interest. We are not financially prepared to get a lawyer to fight the lien. Pro Bono Lawyers don't take Probate cases and Private Lawyers want $20,000. Legal Aid Lawyers won't help either. We don't want anyone else to be taken advantage of in such a way.
-any idea to whom the MERP NOI (notice of intent) letter and questionnaire was sent to? Noi may have gone out maybe 3-9 mos after FiLs death. It’s usually a large envelop abt 12-15 pages.
- the letters..... are they coming from a division of the state of GA (like maybe a defined legal division with the state Medicaid offices in Atl) or are they coming from HMS (outside contractor for MERP. If it’s hms, what’s the postmark?
- If there’s phone calls, is it with state or HMS?
- the 21k NH lien, was it placed cause it was done via a judgement against FIL for nonpayment of NH private pay bill?
OR did NH actually file a claim against fIL Estate in PC?
You said “NH claim for placing lien”, it’s not just semantics but there’s a different pecking order between lien from judgement and lien from probate claim.
- regarding probate, is it closed? and is/was hubs named an independent administrator for probate? This would be likely specifically read that way that in the Letters Testamentary issued by probate court.
- for hubs costs to open & deal with probate, did he file executors expenses report or executor claims against the estate in PC?
- property sold via a warranty deed & with title insurance, right?
- the probate atty, is where in all this???
i have a suggestion for you based on the answers.
-the lien for 21k was placed by whom and when?
- how were you able to legally sell or transfer the property? When someone dies there has to be some sort of legal document presented to allow a heir to transfer or sell a property formerly owned by the now deceased. In order for sale to be valid, there had to be good paperwork. It cannot be done by the old POA as that power is gone. Like it could sold as an action within probate court (so judge signs off), OR as a muniment of title OR as an affidavit of heirship or whatever spin on this GA does for property transfers. So what did you all use to sell the property?
- was title insurance done for the sale?
& if not was property sold to someone within your family?
If you “sold” it 4 years after she died and did not do this correctly that sale is flawed, there will be clouds on the title and the buyer can go after you for damages unless they were in collusion with you on this. I’m guessing that the whole sale is super murky and why any atty wants a hefty sum to deal with this cluster..... cause if this is the scenario it’s not just the Medicaid lien that’s to be dealt with but accountability for Probate laws and likely also a Quiet Title Action to get through the clouds on the property’s title and doing a “Quieting” needs weeks if not months to be beyond any challenge.
- how did the 21k get paid? Like it was withheld from the settlement funds at the Act of Sale and deducted from sale amount & paid to lien holder?
- by the “state” are you referring to correspondence from the actual State of GA & if so which division? or it is actually from HMS, the outside contractor for MERP / Estate Recovery for GA?
I would think the only way a NH could put a lien on a home was if there was a lag between the time the person was placed in the home and Medicaid took over. Meaning the person didn't private pay for that time. So yes, I guess the home would be in the right to put a lean on the house. First come first served in liens. Except, I guess, when the government is involved.
Yes, the death was reported, probably by the NH. They have to so no more funds come from Medicaid. Was the home sold after death? Who was the Executor? Did Medicaid have time to put a lein on it, was the Executor aware there could be a lein on it. Medicaid puts leins on property after death.
I was aware there would be a lein. I requested a letter from Moms caseworker telling me how much was owed. Mine was only 6k but this gave me an idea what I needed to get for the house to pay Medicaid and unpaid taxes.
I guess you could play dumb. Read the paperwork received when Mom applied for Medicaid. Her house should have been listed as an asset. Is there any clause saying that if the house not sold till after death that a lien will be placed on the house at the time of death. Is there anything saying that you were responsible to contact them about a death.
Then the sale, there is usually a title search. I guess no liens came up other than the NH. Did the house sell at market value? After the lean was satisfied what happened to the rest of the money? Moms funeral?
If you have proof the death was reported and they stopped paying the home, that is a big thing. Because, somebody didn't do their job at Medicaid. If you can find nothing in the paperwork saying a lean would be placed on the property at death then don't think they have a leg to stand on. Like said, if the NH was in the wrong, then Medicaid can go after them. Get everything together and see if a Medicaid lawyer will do a consult just so you know what your rights are.
The nursing home can require payment if the patient was living there for the time before Medicaid kicks in. But not from the family unless you were spending the patient’s money up to 5 years before Medicaid approval.
It took 4 months before my Dad’s Social Security check was directly deposited into the nursing home accounts after he was Medicaid approved. For those 4 months, he had to pay the nursing home the amount from his social security checks as they were deposited in his bank accounts.
Hope this helps-your question was a little unclear.