Medicaid Can Affect The Probate Process
The federal Medicaid program’s rules and restrictions are complicated and constantly changing. They can also affect the probate process after you die. Many people don’t understand how their Medicaid benefits will affect their family when the state attempts to recover their benefits from their estate.
The term “estate recovery” refers to provisions of the federal law requiring states to attempt to recover payments made to providers on behalf of a Medicaid recipient from the recipient’s estate after his or her death. This became law in Michigan in 2010.
For individuals who receive Medicaid assistance at age 55 or older, recovery is made from the individual’s probate estate for all services covered by the Michigan Medicaid program.
At Bieber & Czechowski, we can assist our clients in preventing a Medicaid payback by preparing an estate plan that avoids probate and protects the assets from estate recovery. Our attorneys have over 80 years of combined experience in elder law matters, as well as estate planning and probate. If you recently lost a loved one who was on Medicaid, we can also help you with the probate process and review how estate recovery might affect the probate.