In MA, if Medicaid paid for a deceased hospitalization which is now in probate, does the administrator/heirs have to wait until the Estate Recovery fund is paid back before collecting any inheritances?
ATTORNEY ANSWER BY MARGARET L. CROSS:
MassHealth is a creditor of the estate. MassHealth is notified when the probate documents are filed with the probate court and has by statute a right to submit a claim on the estate. Once the claim has been filed with the probate court, the personal representative may file for a deferral or a waiver within 60 days if certain exceptions are met such as surviving spouse, minor children, disabled children, or hardships.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
The estate administration attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.