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.
David Wolf is an excellent attorney. He is my FIRST call when a problem arises. He has represented me on a few matters and guided me on others. He is responsive, professional, and compassionate. If you want a down to earth attorney who will fight for your rights, David Wolf would be a good choice for you. - Karen E.
I am writing to recommend David as counsel. Our grand daughter was injured in a family daycare and during a very difficult time David provided sound advice even when we were unsure of where to turn. David is sincere in desire to help others, is thorough in his explanation of complicated issues and is personable besides. Thanks for reaching out to us, David. We will forever be appreciative. - Mary
I called Mr. Wolf to consult him about a settlement that was being offered to me due to an auto accident. He took the time to answer all my questions in a kind and honest way, so I decided to let him handle the case. I am very happy I did. He is very nice and professional, and promptly answers emails and calls. I highly recommend Mr. Wolf. - K.H.
David is well recognized in the Jacksonville community as tireless advocate for his clients. I would recommend David and his firm for those who have been injured or harmed by the carless of negligence of others. - Ben Whitman
David Wolf was able to resolve my situation quickly and efficiently. He is a professional attorney who is not only extremely knowledgeable but also kind and considerate. He took the time to assure me of the results and put my mind at ease. I would recommend him highly and would only retain him for other legal services. - Elyse
We serve the following localities: Clay County including Green Cove Springs, Lakeside, Middleburg, and Orange Park; Duval County including Atlantic Beach and Jacksonville; Nassau County including Callahan, Fernandina Beach, and Yulee; and St. Johns County including Fruit Cove, Palm Valley, Ponte Vedra Beach, St. Augustine, and St. Johns.