[WSBAPT] How to find out about possible Medicaid payments?

Tue Nov 10 08:13:02 PST 2015

I’m not sure state vs. fed is what matters, but taxes vs. not taxes. I think even state taxes are exempt from SOL, but Medicaid is not. If they don’t record their lien and make a claim against the estate within 2 years post death, I have been successful several times in getting their liens removed.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Chris Moore
Sent: Monday, November 09, 2015 5:49 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] How to find out about possible Medicaid payments?

I agree with the IRS, but since Medicaid is run by the state, I have not had a problem using the state’s statute of limitations to block any collections for Medicaid.

Sincerely,

Chris J. Moore
Christopher J. Moore, JD, CPA, AEP®, EPLS*
Creason, Moore, Dokken & Geidl, PLLC
Lawyers
1219 Idaho Street, POB 835
Lewiston, Idaho 83501-0835
Phone: 208-743-1516; Fax: 208-746-2231
Website: www.cmd-law.com<http://www.cmd-law.com/>

*Certified as an Estate Planning Law Specialist by the Estate Law Specialist Board, Inc., the only estate planning certification entity approved by both the American Bar Association and the Idaho State Bar Association.
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Eric Nelsen
Sent: Monday, November 09, 2015 5:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] How to find out about possible Medicaid payments?

2-year bar doesn't work against Medicaid and IRS, unfortunately. The Feds make their own rules.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Chris Moore
Sent: Monday, November 09, 2015 5:04 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] How to find out about possible Medicaid payments?

Does it really make a difference?  Hasn’t the Statute of Limitations run on the estate?  No way to inquire anonymously as the person’s name and SSN must be provided to get a print out of payments.

Sincerely,

Chris J. Moore
Christopher J. Moore, JD, CPA, AEP®, EPLS*
Creason, Moore, Dokken & Geidl, PLLC
Lawyers
1219 Idaho Street, POB 835
Lewiston, Idaho 83501-0835
Phone: 208-743-1516; Fax: 208-746-2231
Website: www.cmd-law.com<http://www.cmd-law.com/>

*Certified as an Estate Planning Law Specialist by the Estate Law Specialist Board, Inc., the only estate planning certification entity approved by both the American Bar Association and the Idaho State Bar Association.
_______________________________________________
-- Note -- The information contained in this e-mail transmission is confidential and may also be a legally privileged communication. This information is intended for the exclusive and private use of the addressee(s). If you are not the intended recipient, you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressee(s)), copying or taking any action because of this information is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately. Thank you.
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Eric Nelsen
Sent: Monday, November 09, 2015 4:34 PM
To: WSBA Probate & Trust listserve (wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>) <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] How to find out about possible Medicaid payments?

Haven't run across this before--client's mother died about 4 years ago. No probate. For various confidential reasons, he's evaluating whether his mother's estate might owe a reimbursement to Medicaid--but he doesn't know if his mother ever even received Medicaid benefits.

How does one find out? Does Medicaid typically send a statement of benefits to the recipient? He's received all his mother's mail and never seen anything indicating Medicaid involvement.

Note--not talking about Medicare, which doesn't get reimbursed--just Medicaid.

Thanks all, as always, for collective wisdoms.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040

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