Legal Question in Wills and Trusts in Maine

Marital status error regarding nursing home benefits

A few days ago my aunt passed away leaving a home and few other assets. During her stay in the nursing home MaineCare Paid about 125,000 dollars which is about the same as the value of her estate. Unknown to any of her surviving heirs and MaineCare was that she was married. Her spouse, at the time she entered the nursing home had savings of about 500,000 dollars. MaineCare should not have been paying and of course would not have to recover the estate value. Her spouse passed away a few months before she did and his assets have been distributed to his children. Since her mariral status was ''incorrectly'' stated as single and never verified during the entire nursing home stay, what can be done if anything about the her husband's responsibility for her care?


Asked on 11/07/04, 9:12 pm

1 Answer from Attorneys

Re: Marital status error regarding nursing home benefits

This is a matter that involves the re-opening an estate to dispute a distribution. Reghardless of whether you are the Plaintiff, MaineCare, or one of the beneficiaries, you will need legal representation in this matter a there are potential Fraud claims. Our office will provide a free initial consultation.

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Answered on 11/08/04, 9:55 am


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