Bronx, NY asked in Probate, Elder Law and Estate Planning for Maine

Q: Should I contest the amount the state of Maine wants from my deceased aunts estate?

I received a letter in the mail that the state of Maine wants 89,000 from the money left after my aunt passed away.She was in a nursing home but paid a partial amount every month out of her own pocket.The state of Maine covered the rest.The letter states that I can contest this.My question is should I?

1 Lawyer Answer
Ben F Meek III
Ben F Meek III
PREMIUM
Answered
  • Estate Planning Lawyer
  • Oklahoma City, OK

A: It's not possible to give meaningful guidance with such little information. Are these demands from the state related to Medicaid payments for your aunt's medical care? If not, what is the demand related to? If for medical bills, you would have to compare what your aunt paid, and whatever insurance, if any, paid, against what Medicaid paid. If your aunt had an irrevocable trust to protect her assets from being reached by Medicaid, you will need an experienced elder law or estate planning lawyer to review the timing and the terms of the trust and analyze the demand against what was provided in the trust document. The short answer is: go and talk to an experienced probate/estate planning/elder law attorney in your state. Many offer free initial consultations.

Daniel J. Eccher agrees with this answer

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