Baton Rouge, LA asked in Estate Planning for Louisiana

Q: My siblings and I discovered a bank account that my mother had that we did not know about. Do we get the money?

At the end of our mother's life, she was considered a ward of the state, as we had used every bit of money (we thought) to take care of her.

Does the state get the $4000. in her account? And if it is ours, how do we get it? Thank you

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: Under the way Medicaid recovery works in MOST states if the government pays for someone's health care, the government can 'recover' the funds spent through the assets of the person receiving the aid. Would you want Bill Gates' family to be able to keep their billions and YOU have to pay taxes to support him in his old age?

It SOUNDS like this is exactly what should have happened but if there are details that make you think otherwise, it would be wise to consult with a local attorney who can advise you about the local quirks of medicaid recovery in your area.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Christie Tournet
Christie Tournet
Answered
  • Estate Planning Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: Not necessarily. If your mother used Medicaid, the State has a "right" to pursue estate recovery. But, heirs are generally not automatically required to repay the State or Medicaid. If the State pursues any recovery, heirs can also negotiate. If your mother passed without a will and with only the money in the account, you may also be able to avoid a judicial succession to open the account - you can likely do an Affidavit of Small Succession to access the funds.

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