She was approved for Medicaid, she spent all her money except the $2000.00 she was allowed in her acct. I just wanted to make sure Medicaid could not take the car.
Does your mother have a living spouse? Because in your state, Medicaid cannot pursue asset recovery if there is a living spouse. Personal property is subject to Medicaid asset recovery in your state, because it’s considered part of the estate so you shouldn’t do anything with the car until after you’ve spoke to an attorney familiar with Medicaid estate recovery.
I am dealing with this right now. First let me say that I am in Delaware and I am using an elder law attorney office for help. We are submitting a Small Estate Affidavit. I could do that on my own but the attorney's office does these things more often than I do! The only assets my father had were his 15 year old vehicle and a Miller Trust. For the vehicle I have to sell it for fair market value and put it in the trust. Then I will need to provide a copy of the new title or a copy of the bottom portion of the current title with the seller and buyer information. I have to show the deposit of the sale into his account too. Luckily I can use money from the trust to pay for the attorney expenses. Medicaid will take what is left in the trust after all expenses are finalized. I don't know if it's the same where you live but maybe this will help someone else too.
No, they won't "take" the car but by law they have to try and recoup. You can always call her caseworker. Give them the info on the car. It may have to be sold at Market Value. Liens are not cheap, car may not be worth recouping on.
Did Medicaid pay any of her Nursing Home bills, or was there not time?
This is only a guess, but unless the car was a remarkably good one I shouldn't have thought Medicaid's estate recovery people would think it worth the trouble to claim it. Besides, aren't exempt assets excluded from MERP? - and aren't cars exempt assets?
Others will know for certain, or of course you could contact your local Medicaid office and ask.
In most states medicaid can recover anything in the probated estate, including personal possessions. But I don't know that this is done, and it seems this estate is so small that it may not even be probated at all. Were I you, given that Medicaid is a combined federal and state program, I would call the 1-800-medicare number (who also will refer or answer medicaid questions). Was you Mom the only one on title of the car. I don't know about other states, but in California you can go to DMV with death certificate if you are a direct family member (child, spouse) and get car into your name after you know it isn't going to be recovered. It can be done through triple A office if you are a member, which is often much easier. MstrBill suggests they won't take the car, and he almost ALWAYS knows. But I would check it out so you don't face any unpleasant surprises. Good luck. Hope you will get to keep the car. Update us with what you learn for your own state, as it is forum members who are invaluable to others facing the same questions.
This is only a guess, but unless the car was a remarkably good one I shouldn't have thought Medicaid's estate recovery people would think it worth the trouble to claim it. Besides, aren't exempt assets excluded from MERP? - and aren't cars exempt assets?
Others will know for certain, or of course you could contact your local Medicaid office and ask.
MstrBill suggests they won't take the car, and he almost ALWAYS knows. But I would check it out so you don't face any unpleasant surprises.
Good luck. Hope you will get to keep the car. Update us with what you learn for your own state, as it is forum members who are invaluable to others facing the same questions.