Medi-Cal Planning | Paying For Long-Term Care | Estate Recovery Claims

About Estate Recovery Claims

The state tries to recover Medi-Cal benefits paid by making claims against the estates of its Medi-Cal recipients. Therefore, if you are a Medi-Cal recipient and have assets left in your estate when you die, the state will make a claim against those assets in order to recover the benefits that you received. The only time the state cannot make a claim against your assets when you die is when you are survived by a a minor, blind, or disabled child.  If you are survived by a spouse, the estate recovery claim against your estate is deferred until the death of your spouse.

You Can Avoid Estate Recovery Claims

Estate recovery claims can be avoided by making sure that you do not have any assets left in your estate when you die. However, transferring your assets can be complicated and requires some planning. If done incorrectly, certain transfers can disqualify you or make you ineligible to receive Medi-Cal benefits and can results in tax consequences. You should consult an elder law attorney to be sure that your transfers are done properly.

Contact the Kisner Law Firm today and start planning for tomorrow.