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To me, It’s not exactly an elder law problem as the elder has died. It’s more of a probate atty issue as whatever is done now is guided by probate / heirship laws and how liens or claims are dealt with in GA. Ideally would be an atty who has a practice that does both. Premack & his son & associates do both for TX & WA. Their awesome.
HMS - mentioned in Premack article that 97 posted about - is the outside contractor for MERP for GA as well as Texas. HMS is very proactive. They get a % of the recovery. Whomever was the contact person for the elder on Medicaid should get a NOI (notice of intent) from HMS that will have a questionnaire as to what family intends to do for the deceased estate. Once you get it, I’d schedule an appointment with the probate atty with MERP experience as to discuss how or if to reply. Between now and then, please take the time review in detail the exemption, exclusion and hardship requirements for GA MERP to discuss with some degree of knowledge going into the atty meeting.
Also your states laws will be very important in all this. Some states do not allow for a unsecured lien to be placed onto a property. For those states, Only secured creditors - like a mortgage holder - can place a lien. If GA does this (TX has this), then MERP becomes a claim against the estate. Claims are a different legal creature than a lien. The atty can explain all this to you and what you maybe up against to deal with MERP GA.
Hi PurpleHayes Check this post out. It doesn’t directly answer your question but gives you an idea of the complexity of MERP and how the right steps can assist and why. Seek the advice of a Certified Elder Attorney for your state of Georgia so you know you are getting the correct procedure for your unique situation.
Mom has been gone since Sept 2017. I wanted to know what she would owe so I contacted her caseworker and he emailed me Medicaid's letter Giving me the total owed and where to send the check. I Haven't checked with the tax office to see if a lean has been put on the house. Just realize, lean or not if you sell her house then it's still a debt you know is owed and should be paid.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
HMS - mentioned in Premack article that 97 posted about - is the outside contractor for MERP for GA as well as Texas. HMS is very proactive. They get a % of the recovery. Whomever was the contact person for the elder on Medicaid should get a NOI (notice of intent) from HMS that will have a questionnaire as to what family intends to do for the deceased estate. Once you get it, I’d schedule an appointment with the probate atty with MERP experience as to discuss how or if to reply. Between now and then, please take the time review in detail the exemption, exclusion and hardship requirements for GA MERP to discuss with some degree of knowledge going into the atty meeting.
Also your states laws will be very important in all this. Some states do not allow for a unsecured lien to be placed onto a property. For those states, Only secured creditors - like a mortgage holder - can place a lien. If GA does this (TX has this), then MERP becomes a claim against the estate. Claims are a different legal creature than a lien. The atty can explain all this to you and what you maybe up against to deal with MERP GA.
Check this post out. It doesn’t directly answer your question but gives you an idea of the complexity of MERP and how the right steps can assist and why.
Seek the advice of a Certified Elder Attorney for your state of Georgia so you know you are getting the correct procedure for your unique situation.
google.com/amp/s/www.mysanantonio.com/life/life_columnists/paul_premack/amp/Can-MERP-claim-be-avoided-12357331.php
Giving me the total owed and where to send the check. I Haven't checked with the tax office to see if a lean has been put on the house. Just realize, lean or not if you sell her house then it's still a debt you know is owed and should be paid.