Does spousal refusal to pay cease upon death? My after was receiving community Medicaid for 3 years. My mother signed spousal refusal to pay. My mother suddenly died before my father. Now my elder care attorney is saying Medicaid wants to be paid back for the 3 years of service and they can look at my mothers estate to do so?
Asked on 2/08/14, 7:02 am
1 Answer from Attorneys
Richard Bryan
Richard Bryan Attorney PC
Sure, Medicaid is entitled to get reimbursed from mom's estate for the amounts which they paid. That makes sense, right? The big question is what asset constitute mom's "estate." That word is defined differently for Medicaid recovery purposes.
Answered on 3/18/14, 8:04 am
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