Legal Question in Wills and Trusts in California
I am the Trustee of my Father's Estate. His lawyer sent me his latest bill and on it was a letter and correspondence to the Department of Healthcare Services. When I questioned him about it he said he was required by law to notify them because of Medicaid. I said my father was not on Medicaid. He said he has to do it. And I got billed for it so I am wondering is this necessary? My father had Medicare.
2 Answers from Attorneys
I'm not sure what you are whining about. The Department of Health Care Services is the California state agency that administers Medi-Cal. It has nothing to do with Medicare or Medicaid.
Medi-Cal is California's Medicaid program. If your father was on Medi-Cal, or he was the surviving spouse of a person who was on Medi-Cal, then a notification of his death to DHCS was required by California law. However, if he wasn't on Medi-Cal and a predeceased spouse wasn't on Medi-Cal either, then the notification to DHCS was not required by law and is arguably unnecessary legal work.
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