Legal Question in Wills and Trusts in Ohio

Re: probate, medicaid

You are correct that Medicaid has a right to recover money paid on behalf of your father. The procedure is to open your father's estate in the probate court, notify the Ohio Attorney General, Medicaid Recovery Section. The OAG submits its claim for recovery to the estate representative.

Ohio statutes provide a priority list of the order in which a decedent's debts are to be paid. Costs of administration are paid first. For example, the court costs, attorney and executor fees, etc. Then a large portion of the funeral bill. The list continues. When a category is reached for which all creditors are not able to be paid in full, the remaining money is pro-rated. Lower category creditors do not receive any payment and the estate is closed. Unpaid creditors have no recourse against family of the decedent or anyone else.

The other answer you received is also correct, but if you open the estate, the person paying the funeral bill can receives some reimbursement and the executor is entitled to a fee. Further, all creditors are advised of the procedure and that will put an end to creditors' calls and mail.

If I can help further, please call.

Re: probate, medicaid

Probate costs, including your fee as fiduciary, are priority claims for which you will be reimbursed, HOWEVER, if this is the only asset, an estate under $35,000 and can be released from administration and there is no fiduciary. You may want to let Medicaid open the estate and collect the money