Legal Question in Wills and Trusts in Pennsylvania

Attorney had figure that was owed to Medicaid from the Estate. They paid that, in turn, Attorney is now saying that the State ACCEPTED the payment and The Estate Recovery claim is not satisfied. Why would this be, when the attorney did get and received the total owed?


Asked on 11/03/11, 3:45 pm

1 Answer from Attorneys

Your question does not make sense as written. Most states have laws mandating that Medicaid be reimbursed from the decedent's estate for any Medicaid monies expended prior to death. If payment was made, I don't understand what you mean by saying that the claim was not satisfied.

Since you indicate that there is an attorney, if you hired the attorney ask him or her. It is not fair to either the attorney or to any lawyer here to second guess your attorney when they have access to all the information and facts and the attorneys here do not. If you are the beneficiary of the estate, the executor must have hired the attorney and should ask the attorney for an explanation which the executor should relay to the other heirs.

If this is something else, then you need to be more clear about who the attorney is representing (either Medicaid or the estate) and who is saying that payment was made and who is saying that the estate recovery claim was not paid and try re-posting your question.

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Answered on 11/03/11, 3:56 pm


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