What happens when somone dies and owes Medicare?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens when somone dies and owes Medicare?
My father passed away 2 years ago leaving his property which is only worth $14,000 a van and some personal property to me in a Will. I haven’t any surviving siblings. I found out that my dad owes medicare over $23,000. I don’t know what I can do legally. Also, do I need to go to probate for this, the probate court said I may be able to do a release and that I would need to notify Medicare Recovery Program. If I notified the MRP will they take my father’s house and possessions? I don’t know what to do. Also, I am on disability myself so how will all this affect me and my benefits?
Asked on November 1, 2010 under Estate Planning, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I am so sorry for your loss. What deos your Dad's estate owe medicare for in that amount of money? Was it payment made to doctor's for which he should have been covered by another insurance plan such as n-fault or worker's comp? Did he receive an award from these providers? You need to figure out how he got this lien, if there was proper notice of the lien before a payout, and if there is a way to compromise the lien in some way. This way you may be able to keep some of the Willed belongings. Yes, medicare can indeed recover the money if they paid for something and there was another insurance carrier who paid or could have paid. The release that the probate court is referring to. Does that have to do with a small estate or does that have to do with releasing the assets to medicare? As for how this effects your disability you should contact your attorney on the matter. In the meantime, try and figure out what the lien is for and work from there. It is a big puzzle that you have to put together but you can do it one piece at a time. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.