Legal Question in Credit and Debt Law in Pennsylvania
estate question
My father pasted away 4 years ago, I just received a letter from the state of Pa regarding him being on medical assistance the last year of his life. He was in a nursing home. They want me to tell them of his banking at time of death. My question is he had A life insurance policy that I used for his funeral expenses they want to know about this. I was the only child so I was the receiver. Do I have to pay this all back because he was on Medical asst.
2 Answers from Attorneys
Re: estate question
You asked if you would be required to pay back an insurance policy to compensate a medicare/medicaid lien.
On the facts you describe the answer is most likely no.
First thing is that the state waited too long and should make any claims before the estate is settled. In this case you probably didn't open an estate, but the point remains.
You'll need to respond to the letter (it would be very wise to consult an attorney) and provide an accounting. But generally as you described the facts the state would have no claim.
Regards,
Roger
Re: estate question
It depends on whether the life insurance policy had a "cash value," that is, could it have been cashed in prior to his death, or was it a "whole life" policy that had no cash value, but which paid you as beneficiary?
In addition, it seems that the state may have waited too long to make a claim. You should consult with an attorney who specializes in this area of law.
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