Mr. Goodwin is everything you want in an attorney: professional, honest, thorough, and genuinely caring. He always explains things clearly, so I understood exactly what was happening and what to expect next. His attention to detail and persistence really stood out. Looking back, I feel lucky to have found him. He guided me through the whole process expertly, and I deeply appreciate all his hard work. Would definitely recommend him to anyone needing legal help.
Medicaid may initiate a claim against a recepient’s inheritance. This is true even when the inheritance is from the Medicaid recipient’s spouse, and may happen whether or not there is a will. Medicaid may also initiate a claim against a spouse of a Medicaid receipent who signed a spousal refusal.
Even if the Medicaid recipient is not in the spouse’s will, Medicaid still has the right to assert a claim, by claiming the Medicaid recipient’s elective share, which can be up to one third (1/3) of the estate. Being sued by Medicaid is still better then private-paying for nursing home care – payment is delayed, the claim is at the Medicaid rate not the private-pay rate, and Meddicaid is easier to settle with the nursing homes that can just not admit you.
it is better to avoid a DSS lawsuit by properly planning for Medicaid. For someone who is already facing such a lawsuit, a qualified New York estate attorney will defend the claim and usually settle with the DSS for a percentage of the claimed amount.
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
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