Results 1 to 10 of 10
  1. #1
    Join Date
    May 2015
    Posts
    27

    Default Exeptions from Medicaid Recovery from an Estate

    My question involves estate proceedings in the state of: california

    ok, what are the accepted disabilities that are exempt ? kidney failure, heart trouble, etc ?

    thanks.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,608

    Default Re: Estate Recovery

    You're going to have to explain a bit more about what you are asking. Death is the ultimate disability.

  3. #3
    Join Date
    May 2015
    Posts
    27

    Default Re: Estate Recovery

    its a general question. when it says that there are exemptions for a person who is on ssi, medi-cal disability, then they are exempt from estate recovery. well my question is, is that for all disabilities or just a select few?

    if its for a select few or certain disabilities, what are those disabilities that are considered exempt ?

    thanks

  4. #4
    Join Date
    Sep 2010
    Posts
    19,608

    Default Re: Estate Recovery

    I assume you are asking about whether Medi-Cal will pursue estate recovery against an estate where there is a disabled child of the deceased? That's the only time disability makes any difference. The rules for the disability is that it needs to be total and permanent disability and they follow the Federal SSA rules for such.

    What disability do you have? Has the SSA or someone already made a determination?

  5. #5
    Join Date
    Jun 2014
    Posts
    3,159

    Default Re: Estate Recovery


  6. #6
    Join Date
    May 2015
    Posts
    27

    Default Re: Estate Recovery

    yes, that is what i want to ask.

    my mother is a disabled child and is currently on her 2'nd kidney transplant. im wondering if that is considered and also an accepted exemption for recovery.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,608

    Default Re: Estate Recovery

    I suspect that with failing kidneys, that would count as a disability. A successful kidney transplant that allows her to work again, would not.

  8. #8
    Join Date
    Jun 2014
    Posts
    3,159

    Default Re: Estate Recovery

    If your mom is living in her parents home, as long as she is found disabled, she should not have to move out. Does your mom receive SSDI or SSI ?

  9. #9
    Join Date
    May 2015
    Posts
    27

    Default Re: Estate Recovery

    i went to the social security office today and got a proof of benefits letter that states she gets straight ssi.

  10. #10
    Join Date
    Jun 2014
    Posts
    3,159

    Default Re: Estate Recovery

    The house should be exempt from Estate Recovery as long as your mother lives in it and is disabled under SSA.

    1. Sponsored Links
       

Similar Threads

  1. Estate Planning Strategies: Medicaid Reimbursement by an Estate
    By Spyderman.11 in forum Estate Planning, Administration and Probate
    Replies: 3
    Last Post: 05-08-2016, 02:02 PM
  2. Estate Assets and Debts: Estate Recovery for Medicaid
    By CaliDriver00 in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 06-13-2013, 02:00 AM
  3. Hearings and Trials: Mitigation Hearing Exeptions to the 15-Day Rule
    By eager2know in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 11-08-2009, 05:58 PM
  4. Quitclaim Deed vs Medi-Cal Estate Recovery
    By dave1359 in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 01-21-2009, 09:18 PM
  5. Life Estates: Life Estate And Medicaid In New Hampshire
    By jjbrown in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 03-15-2008, 09:24 AM
 
 
Sponsored Links

Legal Help, Information and Resources