Legal Question in Wills and Trusts in New Jersey
Asset Recovery by Medicaid
My mother-in-law died in September 2003. A letter was written to the family in October of 2003 stating that Medicaid would try to seek asset recovery from the estate of my mother-in-law to re-coop money paid on her behalf. The letter, however, was not received until January 7, 2004.
After the death of my mother-in-law, her four children put hundreds of hours and thousands of dollars into the family home, fixing it up and making needed repairs to try to get more money in the sale of the house.
Then the letter is received. We don't have a problem with Medicaid trying to get money that was paid out back, it will hopefully keep everyone's taxes down, however, the manhours and money that was put into the fixing up of the house, would never have been done if we had known that we weren't going to get the profits from the sale of the house.
Is there any recourse we have? We would at least like to get the money back that was put into the house (we have all of the receipts) not to mention paid for the time spent making repairs and upgrades.
We are looking at a potential, and very promising buyer already.
Thanks for this great service.
1 Answer from Attorneys
Re: Asset Recovery by Medicaid
Has medicaid verified the amount they are seeking to have refunded? How does this amount compare to the potential sales price? The children who spent money on the house repairs should consider filing a lien against the estate for the value of the money spent. This might protect their expenditures. There is much more information needed to give a better answer. Has an executor or administrator been appointed? Did any of the children know she was receiving mediciad? How did they think the bills were being paid? Did they pay for someone to make the repairs, or do the work themselves? If they did the work themselves, they might not be able to make a claim for its value. You can answer these questions here, or write me directly as [email protected]
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