Medicaid Estate Recovery and Leins

December 5, 2016 | Cecil Harvell

Under Medicaid law, following the death of the Medicaid recipient North Carolina attempts to recover from his or her estate whatever long-term care benefits it paid for the recipient's care.

North Carolina must attempt to recover funds from the Medicaid recipient's probate estate, meaning property that is held in the beneficiary's name only, they do not have the option of seeking recovery against property in which the recipient had an inte...rest, but which passes outside of probate.

This includes assets in a living trust or life estates. Given the rules for Medicaid eligibility, the only probate property of substantial value that a Medicaid recipient is likely to own at death is his or her home. However, since North Carolina has not opted to broaden its estate recovery to include non-probate assets North Carolina may not make a claim against the Medicaid recipient's home if it is not in his or her probate estate.

Any family member who is confronted with the costs of a long term stay in a nursing facility should contact an attorney who can help them in this complex area of the law.

Cecil S. Harvell
About the Author
Cecil S. Harvell is AV Martindale-Hubbell Peer Review Rated in the areas of Trusts and Estates, General Practice, and Aged and Aging. Mr. Harvell is a native of Morehead City, North Carolina and was admitted to the Georgia State Bar in 1983 and admitted to the North Carolina State Bar in 1987. Read More
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