Pennsylvania Department of Human Services Written documentation of the size of the estate is required by the Department’s regulations and should accompany the personal representative’s request for a statement of claim. If estate recovery would cause undue hardship, the estate may request a waiver by writing to the Estate Recovery Program. We've been working with people just like you for years to help navigate the long term care system and qualify for Medicaid long-term care benefits. This article discusses Pennsylvania’s estate recovery program in detail. Although in many cases it may not appear financially feasible to bring an estate accounting before the court for audit, obtaining a decree of distribution can help protect the executor from personal liability. Provided that there is an heir to claim his or her beneficial interest in the estate, the Department will find undue hardship and will permanently waive its claim for administered estates with a gross value of $2,400 or less. DPW may proceed in either of the following ways: Where the decedent was over age 55, the personal representative of the estate has a duty to first ascertain whether the decedent received MA at any time during the 5 years preceding death. or another attorney of your choosing contact the Estate Recovery Program, and that you not attempt to do so on your own. Caseworkers also do their best to explain the program to the family representatives during the application process. Probate assets are easily identifies because it will be necessary for an executor, administrator of appointed estate representative to be appointed in order for the probate asset to be accessed. Estate recovery does not apply to medical assistance payments made before the recipient attained age 55. Box 8486 Harrisburg, PA 17105-8486 The personal representative of an estate has a duty to pay the estate debts in accordance with the statutory priorities outlined in 20 Pa.C.S. However, purchasers are only exempted from personal liability in arm’s-length transactions where the property is purchased at fair market value. An honest, professional appraisal can help protect both the transferee and personal representative from liability in this circumstance. – Offices in Phoenixville, Malvern and West Chester. Box 8486 Harrisburg, PA 17105-8486 10 . If recoverable estate assets are not disclosed, then the personal representative is not discharged from liability and can be held personally liable for the value of the non-disclosed assets which should have been used to satisfy the estate recovery claim. The Commonwealth is permitted to serve as personal representative of an unadministered estate pursuant to 20 Pa.C.S. The decedent was receiving Medicaid during his or her lifetime. Estate Recovery Program. Life insurance which is payable to the decedent’s estate is subject to the Department’s claim, even if the life insurance policy contains a facility of payment clause. §3392. States have developed and disseminated information, through brochures, Web sites, toll-free telephone numbers, and trained staff, to help the public understand Medicaid estate recovery. In the case of real property, the personal representative is to make arrangements to have a mortgage or other recorded encumbrance entered against the property in favor of the Department. Estate recovery is sought from the probate estates of individuals who received Medicaid support after the age of 55 years. Medi-Cal members or their authorized representative may submit a Request for Medi-Cal Expenses Subject to Estate Recovery, form DHCS 4017, once per calendar year for a five dollar ($5) processing fee if the current or former member meets either of the following descriptions: a. Any money collected by the Estate Recovery Program is returned to the Pennsylvania … Although Medicaid recipients do not have to be given notice of the estate recovery program, the Department of Public Welfare has an informational brochure about the estate recovery program which is provided to Medicaid recipients  and their families when benefits are initiated. However, the Pennsylvania Department of Human Services usually provides an informational brochure about the estate recovery program to Medical Assistance recipients when benefits are authorized. The Commonwealth’s estate recovery program generates a “claim” against the decedent’s estate.

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