What Is Medicaid Estate Recovery?

When a nursing home resident over the age of 55 who received Medicaid assistance dies, the state is required to recover the money it paid for that person’s care. The money is recovered only from the estate of the deceased. This is called estate recovery.

If you have legal issues regarding estate recovery, Kentucky ElderLaw, PLLC, can help you. Our elder law attorneys will help families through the estate recovery process and enable the families to retain as much of the assets as possible.

How Does Estate Recovery Work?

Naturally, most estates of Medicaid recipients have little or no money, since that is one of the eligibility requirements for Medicaid. Therefore, Medicaid estate recovery will not recover anything if there is nothing.

In Kentucky, there is no estate recovery if there is a surviving spouse or a totally disabled adult child, or if the estate is below $10,000. However, the definition of estate is much broader than the probate definition and includes property held jointly with another person, assets in a revocable trust, life estates and other assets owned at the moment before death. For this reason, it is important to engage in Medicaid planning for the surviving spouse of a Medicaid recipient.

Get Help Recovering An Estate

Kentucky ElderLaw, PLLC, can help clients in Southern Indiana and throughout Kentucky who may face an estate recovery claim. Get your free consultation by calling 502-581-1111 to reach our Louisville location or 270-467-0002 to reach our Bowling Green location. You can also send us an email.