Legal Question in Elder Law in Ohio

Investigation by Job & Family Services

Received notice from bank it had subpoena from Dept of Job and Family services to verify all accounts of my deceased mother who was on Medicaid. I had her POA. Account was in both our names. Account is still open. Date of death was 12/22/06. She was in nursing home since 4/03. Went on Medicaid on 10/05 She had long term insurance which went to nursing home so was hard to keep account exact. I paid several times from my own acct. About $4,000 remained in account at her death. Her will asked that anything she had be distributed to her 3 children. I withdrew $3,000 from account to do as she asked. There is a balance of about $600. She had no property or assets. The bank said they would send the records requested and suggessted I consult lawyer about the letter they had received. I sent a check to State Auditor's office for $1500 as they had previously requested to cover amount she was allowed to keep on Medicaid. The bank's letter was addressed directly to my deceased mother. Do I need a lawyer? I don't feel I have done anything wrong. My brother was the administrator of her will. Thank you for your advice.


Asked on 3/27/07, 8:14 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Investigation by Job & Family Services

Sounds as though you're getting audited to show that all mom's funds except for the $1500.00 were used for her benefit before Medicaid took over. If you can account for all her money, then you should be able to handle the audit yourself. They may question the inheritance you distributed and may require that $3000.00 be turned over to JFS, or half of that amount if you can deduct the $1500.00 remaining. If your initial meeting with JFS doesn't go well, contact a lawyer.

Read more
Answered on 3/28/07, 6:59 am


Related Questions & Answers

More Elder Law questions and answers in Ohio