Legal Question in Elder Law in Ohio

My ex-husband died in 2007. He had been on Medicaid when he died. It was first applied for in 2004. When he turned 65 I thind Medicare helped. We recently were notified by the insurance company of a very old policy that the children and I are the beneficiaries. Can Medicaid come back for that money or should we wait until the five years after his death have passed (2012) before claiming the money.


Asked on 8/08/11, 2:00 pm

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Medicaid estate recovery is a very difficult area. You need to consult with an experienced elder law attorney.

The five year period that you refer to only applies to people who are applying for Medicaid. A recent Ohio Supreme Court case found that there is a one year period for the State to recover for Medicaid benefits paid, but this one year period only starts after certain documents are filed with the State of Ohio.

If this is a sizable insurance policy you should consult an attorney to make sure that you follow the right steps.

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Answered on 8/08/11, 2:25 pm


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