By Daneen Cline
In June 2005, then Governor Taft signed House Bill 66 which resulted in the most sweeping changes the Ohio Estate Recovery program has undergone in the program’s history.
What is the Estate Recovery program and who does it affect? It is a program that is designed to recoup monies spent by the State of Ohio for a medicaid recipient’s care from their estate. All Medicaid recipients over the age of 55 are subject to the estate recovery process.
Before the passage of House Bill 66, estate recovery was limited to only assets that passed through the probate court. Avoiding probate effectively avoided estate recovery.
After the passage of House Bill 66, all assets of the recipient were subject to estate recovery, including accounts that passed to beneficiaries under a Payable on Death, Transfer on Death or a survivorship arrangement, property passing under a Transfer on Death or Survivorship deed, property passing under a trust agreement, as well as any Life Estate interest the recipient had in any property. [Read more…]