Estate Recovery

The Omnibus Budget Reconciliation Act of 1993 requires States to establish a Recovery Unit. The purpose of the Recovery Unit is to file claims against the estates of deceased Medicaid recipients and recover monies paid by Medicaid on behalf of the recipient.

It is important to note that as of January 1, 2002, all estates are required to file a copy of the estate's inventory with the Florida Medicaid Recovery Unit. What you should know is that under Florida law, your homestead is exempt from creditors claims (including the Medicaid Recovery Unit) if the homestead passes to your spouse or descendants.

A common planning technique for married persons is to transfer all the assets into the spouse's name. Spousal transfers do not count as transfers for disqualification purposes. Then, the surviving spouse would leave everything to the couple's children. Under this plan, there is no estate from which to recover.

If you are a concerned relative or friend of an elderly person who seeks assistance concerning Estate Planning, Elder Law or Medicaid, Contact Us Online or Call Us at (904) 355-8888 to set up a consultation.

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