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General information from a recorded webinar, not legal advice for your situation.
Does Medical Assistance have to be paid back?
Short answer
It can be. Through estate recovery, Minnesota adds up Medical Assistance paid for long-term care after age 55 and makes a claim against the estate after the death of the recipient or surviving spouse. The claim is paid from the estate, not from children's own assets.
Key points
- Applies to benefits received after age 55.
- The claim comes after the surviving spouse's death.
- Children's own assets are not used to repay it.
Lauren FinkFounding attorney, Everbright Legacy Law
Read this part of the transcript
Last piece I want to talk about is estate recovery. In estate recovery, any time anyone who is over the age of 55 receives medical assistance benefits to pay for their long-term care, those benefits are added up by the state of Minnesota. And on your death, if you’re single, or on the death of the survivor of the two spouses, if you’re married, the state of Minnesota comes forward with a claim that’s equal to the total amount of benefits that were paid out on behalf of either spouse. And before any of the assets can be paid out to the heirs of the estate, the children, or whomever would receive the funds, that estate recovery claim has to be paid first.
Created automatically from the recording. Full transcript on the webinar page.
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