Medicaid Estate Recovery- A threat to the family farm

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By: Jessica LoPiccolo

Here in Ohio, we see quite a few clients who have farms that have been in their family for many, many generations. Most of the time, the family wants to continue to pass the farm down to their children, grandchildren and on down the line. But many families don’t realize that there is a very serious threat to that dream. For instance, what happens if Grandma dies and then Grandpa gets sick and has to go into a nursing home? Once he has spent through his hard-earned savings, Grandpa will have to go on Medicaid in order to continue to pay the nursing home bill. The farm can be in his name for 13 months after being admitted to the nursing home. [Read more...]

Don’t Lose the Farm

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By Thom Cooper & Melissa Reynard

Most farmers love their farms. It is a slice of country life that most city folks can’t understand. Many times, the farm was passed down through the family and most farm families want that to continue to their children. What is unthinkable is that the farm could be lost to a catastrophic health care situation with a long nursing home stay. [Read more...]

Ohio Medicaid Estate Recovery: What assets can be recovered by the State?

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By Jess LoPiccolo

 

Working at an Ohio elder law attorney’s Office, and dealing with Medicaid Estate Recovery, I see and learn a lot. Yesterday, one of our attorneys settled a case with the State that saved our client over half of what the State proposed they pay. Today, we took on a new case in which the State is asking the family to pay $77,000 to pay off an estate recover lien on a property. 

I should probably fill you in a little bit about what Medicaid Estate Recovery is. It is the when the State of Ohio tries to recover monies that were paid out for the long term care of individuals by Medicaid. The State can recover any asset that is in the decedent’s name at the time of their death. If you know anything about Medicaid, you would know that to be eligible for Medicaid, your resources must be below $1,500, so you might assume that the State won’t be able to collect too much money back, but you would assume wrong. When there is property involved, it needs to be set up by an attorney who specializes in Elder Law. 

Whether you are trying to pre-plan to avoid estate recovery or you have received a letter from the Ohio Attorney General’s office demanding payment, here at Cooper, Adel & Associates, we have an attorney who can help you determine the options that may help your particular situation.

Ohio’s Medicaid Estate Recovery: An Unlimited Statute of Limitations

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By Attorney Dan Vu

If a creditor believes that you owe them a debt of some kind, you would expect that at some point the creditor would have to contact you and demand payment. In fact, as commonly understood, the creditor would have to do that within a number of years or the statute of limitations would run. Unfortunately, when it comes to Ohio’s Medicaid Estate Recovery, this rule does not applies. Medicaid Estate Recovery is the program administered by the Ohio Attorney General to collect assets left to the Medicaid recipient’s beneficiaries. [Read more...]