Legal Question in Wills and Trusts in California
I am the named beneficiary to my brothers life ins., 401K, profit sharing and bank account. I have been contacted by medi-cal stating my brothers estate may be subject to "pay back" for medical expenses incurred during his recent illness. If the things mentioned above were pre-assigned to me are they subject to this "pay back"? A lawyer told me that the mortgage company could not claim any of this because it was pre-assigned. The Medi-cal rep I contacted said that if I was the beneficiary that things usually pass just to you.
2 Answers from Attorneys
The life insurance should be totally in the clear. The other accounts will depend on how the beneficiary designation was set up.
I agree with Mr. McCormick. MediCal has what is known as an Estate Recovery Unit. They file claims against a MediCal recipient's estate, after the recipient dies. The estate is defined as any real or personal property that belonged to the decedent. Life insurance passes outside of probate, and is not part of the estate. I suggest speaking to an attorney, in depth, about the other assets, such as the 401k and the bank account.
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