May I ask a few Medicaid recovery and death questions?

Assets include all cash, bank accounts, stock and investment accounts, 401K, all real estate, vehicles, boats, etc. Not sure how your state handles probate. It's varies from state to state. SS check paid earlier and taken for nursing home rent is probably okay. Check an attorney or Medicaid about Medicaid recovery in your state. Furniture and personal are not considered. Generally, Medicaid is looking to recover their funds thru cash and real estate. Although in some instances they can ask for a car to be sold.

That check received in October is September's check. Its just like working, you get paid after u do the work. There should be no check for November. If there is one, SS will eventually take that back. Its October's check and she died in October she is not entitled to it. Do not spend it.

Life deed...was MIL taken off the deed and someone else put on? When was it done, I ask because Medicaid has a 5 yr look back period and no assets should be turned over to someone else in that time period. Is it written she lives there until her death and then it reverts to the person on the deed. How does her taxbill read, her name or the person the house was turned over to.

You made a statement on a post that there was jewelry and antiques worth money. To me, these are assets that Medicaid maybe able to recover from. You also said in the same post something about letting people take something they want and selling the rest and giving Medicaid the rest. It does not work that way. You have to Probate her estate. Whoever is Executor needs to get to Probate and get that short certificate to be able to handle MILs estate.

I think that caseworker also screwed you good. I don't think they knew what they were doing. You need to find out what was listed on the Medicaid application. If they house was, it shouldn't have been if the house was transferred into someone elses name.

https://www.legalzoom.com/articles/what-is-a-life-estate-deed

I think u said u had a lawyer. I so hope he understands Medicaid or will find answers concerning it. What you, husband and his family need to understand is Medicaid is involved here. This is not cut and dry. That they are not entitled to anything until probate is done and an inventory is done. If Mom has a Will, that Will needs to be followed but before that is done, DEBTS HAVE TO BE PAID. If taxes are behind or IRS needs to be paid, they do come before Medicaid. The Executor may need to do Moms final taxes.

I read where husbands siblings are suing. Someone asked how can they sue when you have not even gone to Probate yet. If there is no will, the State gets involved with who inherits. You husbands family seems to jump the gun without knowing or checking out the facts. If your husband is thecExecutor and has a lawyer, he needs to use him and run questions by him. Also, someone needs to explain to husbands siblings that the Executor is now in charge. Nobody gets anything until probate is closed.

Has hubs or you gotten a NOI / Notice of Intent from Medicaid or the outside contractor if your State goes this route for MERP aka Medicaid Estate Recovery Program?
if not, I’d heavily suggest that nothing NOTHING be done with MIL assets until y’all have an idea what MERPs position is, $ wise. By Mil being on Medicaid she allowed MERP to be involved with her estate.
Find info on MERP from State Medicaid website, xerox it’s and send via certified mail to those worthless we wanna sue siblings.

What exactly is the house titled into?
JoAnn is beyond spot on that this is big time important. Is it a Life Estate? Or some other type of “deed”. There isn’t - to the best of my knowledge- a “life deed”. Life Estate yes that’s a thing & it has specific remainderman % that must be followed. There’s also an Enhanced Life Benefit Deed & that’s different after death filing. So what “deed” type was done?
AND
realize this was info included for MiL Medicaid, so Medicaid might can have a position in how her assets are dealt with.
For example Medicaid can place a lien on a property. So a Life Estate that normally would transfer title outside of probate to the names as on the LE can’t do it as there's a Medicaid lien that’s clouding the title and till it’s lifted nothing happens.

Home in Life Estate or as an Enhanced life Deed or titled into a Trust should in theory transfer outside of probate & so outside of MERP. But title has to be clear & clean. Probate would need to be done if there are assets that cannot be distributed outside of probate (like stuff that moves via “beneficiary of” or TOD / transfer on death).

I’m still confused as to if it all was community based Medicaid or LTC facility Medicaid or a combo of both. But whatever the case, by MiL filing for and being on Medicaid after age 55, estate recovery will be out there. Dealing with Medicaid MERP is not simple & straightforward.

Realize that property taxes still need to get paid & will be higher. Plus new property insurance will need to be done. All responsibility of the Executor as well as whatever else needed to secure all assets.

I’ve got to ask just what is family suing for? Has a suit been filed? Or is this just BS talk from siblings who deal with each other via threats? Suing over assets of a deceased who was on Medicaid should be beyond ridiculous as to be on Medicaid she would have to have been “at need” medically and financially for Medicaid. Even if it was only community based Medicaid, those with substantial income & assets will not be eligible. What are we talking about $wise? 100K/300K house? And 10/15K in household contents?

I think you & hubs need to take whatever documentation on hand and meet with a probate attorney to see if assets can transfer outside of probate, how MERP runs in your state. & let atty do the paperwork and filing.
And if it’s looking like probate is needed get that going. Whomever is executor as per her will needs to start putting together an asset inventory that makes sense. Household stuff at tag sale prices. If these are real antiques, those need appraisal. Not to sound harsh but so often family (or their spouses) has a way way inaccurate sense of worth of the assets. Like NO that is NOT an actual 18K Prudent Mallard bedroom set but a well used 4 poster mahogany bed maybe $800 for it. Old costume jewelry is just old costume jewelry. Rarely does anyone care to buy old china, crystal & silverplate and if they do they want a real steal of a deal of a price to take it off your hands. Asset inventory gets filed to her probate docket. It’s public record. If $45,678.90 of household items that’s a potential $45,678.90 recoverable by MERP as well as $ that heirs expecting Executor to do his duty and get $45.678.90 in price prices & distribute to them as heirs. Value needs to be realistic.