Legal Question in Elder Law in New York

My Mom died testate in a Hospital's Rehabilitation Center in New York State. Medicare and/or Medicaid were paying the Hospital/Rehabilitation Center. My Mom's Will named her 3 children as beneficiaries. My Sister was named Executrix and engaged an Attorney to probate my Mom's Estate. The Attorney filed a "Small Estate" declaration listing assets of $28,000 in 2 bank accounts and less than $2,000 in total debts. Can Medicare/Medicaid take my Mom's money?


Asked on 2/22/17, 4:30 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Yes.

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Answered on 2/26/17, 8:30 am


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