Fairview Park, OH asked in Estate Planning for Ohio

Q: Mom died in hospital after stay in a nursing home, which no one signed for. NH never filed a claim, 4 yrs+ suing benefic

As executor atty & probate judge said they didn’t file proper claim by year 2, now they are suing the beneficiary-after trying to sue me (executor) is this legal? My mom was NOT on Medicaid, she was covered by Medicare, which stopped halfway through her stay, even though her condition had worsened, they took her Social Secuirty direct deposit, she died in the hospital after ten days after I insisted they call 911- she was starving (only consuming ensure I was bringing her), her linens had not been changed in over 3 months ( I have pics), they were using her room for storage-an aid called & told me everything. I already knew they kicked her landline phone under the bed, stole & never returned her cell phone, & had a 3 hour meeting before calling rescue squad. At the hospital she underwent 7 surgeries -completely blocked genito/urinary system, had been urinating blood for months, suffered a pulmonary embolism from being stuck in a wheelchair 24/7 at the nurses station-she was a RN!

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1 Lawyer Answer
Aaron Epling
Aaron Epling
Answered
  • Estate Planning Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: Ohio's Medicaid Estate Recovery program has authority to recover assets of the decedent to repay for the services they paid for.

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