Kansas City, MO asked in Estate Planning, Elder Law and Probate for Missouri

Q: My mother died intestate. Can Medicade Recovery override an Affidavit of Heirship?

We hired a probate attorney, and were informed that the recovery is about the value of her real property, and we cannot win against the state. Nothing had been filed in court yet so, I paid the attorney and we stopped the process. She was over 55 and lived alone, never in a nursing home. I do understand their right to make a claim, but, was wondering about the affidavit, and if we should file one.

1 Lawyer Answer
Lloyd  Nolan
Lloyd Nolan
  • Estate Planning Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: The State of Missouri has a limited time in which they can recover payments made on behalf of a decedent through medicaid. If the State follows all the requirements within the proper time frame they can enforce their claim. The State of Missouri can open an Estate for the deceased, if necessary to enforce their claim. There are many more facts that need to be established such as when this occurred and whether the State gave proper notice and sought to enforce the claim within the proper timeframe. This matter should be discusse in detail with your attorney and is beyond the scope of what can be fully answered in a general on-line

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