Estate Recovery Panel Takeaways

Notes from the Best Practices for Working with Medicaid Estate Recovery
session during the 2023 Legal Issues of the Aging seminar

Panelists: Anthony Davenport & Michelle Kocovsky, Estate Recovery
Moderators: Reg Wydeven and Kate Schilling

Contents

  1. Communicating with Estate Recovery
    1. How big is the Estate Recovery staff?
    2. Communication best practices
    3. Is there a dedicated staff person for Native Americans on Medicaid?
  2. Estate Recovery Claims
    1. How to ask Estate Recovery if they have a claim
    2. If you have an objection to Estate Recovery’s claim
    3. Is there a way to confirm with Estate Recovery that a claim has been closed?
    4. Does Estate Recovery ever negotiate their claim?
    5. Can Estate Recovery recover out-of-state assets?
    6. Does Estate Recovery recover from ABLE accounts?
    7. What if there is a caretaker child still living in a decedent’s home?
    8. Does Estate Recovery have any preference re how payments are sent in?
    9. Can Estate Recovery provide information re potential claims while a member is still alive?
  3. Probate Estates
    1. For estates with a deadline for creditors, do you try to process things within that deadline?
    2. Does Estate Recovery ever initiate a probate or foreclose on liens to recover assets?
    3. What is most helpful to Estate Recovery?
  4. Non-Probate Estates
    1. Is there a time limit for Estate Recovery to make a claim?
    2. What is most helpful to Estate Recovery?
    3. If there is no probate and no notice given to Estate Recovery, how do they investigate and discover non-probate transfers?
    4. What do you do to recover vehicles, especially ones subject to a lien?
    5. Does Estate Recovery ever collect personal property or household belongings?
    6. What does Estate Recovery do when the member owned a life estate?
    7. Will Estate Recovery recover from a life insurance policy where the member was the insured, but not the owner?
    8. What if there’s an asset discovered in the estate that will take a lot of work to claim, and the family doesn’t want to bother?
    9. What if a pension payment was made incorrectly?
  5. Allowed Expenses, Priority of Claims
    1. What does Estate Recovery allow for reasonable attorney fees, payable before their claim?
    2. What does Estate Recovery allow for reasonable funeral expenses, payable before their claim?
    3. What does Estate Recovery allow for reasonable Personal Representative fees?
    4. “Expenses of last illness” has priority before ERP claim. What is included?
  6. Other Questions
    1. How much is recovered each year? How did the pandemic affect recovery?
    2. Is there estate recovery for card-only services?
    3. Is there anything like the Medicaid Eligibility Handbook for estate recovery?

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