Blackwood, NJ asked in Federal Crimes, Family Law, Health Care Law and Probate for New Jersey

Q: Is knowingly submitting false information or hiding relevant information on a Medicaid recovery claim document fraud?

I live in the state of New Jersey. My sister is currently administering my late mother’s estate, which includes a Medicaid lien of 200 thousand dollars (including additional charges). Medicaid sent notice to the estate administrator to provide a full accounting of the my late mother’s estate. My mother was worth several million dollars, of which included bank accounts, stocks, and annuities, however, the lien was placed on a property owned by my late mother where I’ve resided for almost two decades. During the probate the remaining heirs to the estate of which includes a minor child discover my sister (the estate representative) was named sole beneficiary to all of my mom’s stocks, annuities, and bank accounts (that were held jointly with the estate representative also). Wouldn’t those stocks, annuities, and bank accounts be subject to the lien as well, regardless of a named beneficiary? I believe the estate representative either submitted or withheld this information from Medicaid.

2 Lawyer Answers
Morris Leo Greb
Morris Leo Greb
  • Estate Planning Lawyer
  • Rockaway, NJ
  • Licensed in New Jersey

A: Yes submission of knowingly false information to the government is a criminal act. The possible maximum penalties are quite severe. I suggest you speak to an attorney with experience in handling federal criminal acts.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Clifton, NJ
  • Licensed in New Jersey

A: How could it be anything other than fraud? You are going to need to retain an experienced Probate or Medicaid attorney to avoid being charged criminally. You must resolve this matter quickly or it could get worse for you.

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