Michigan Medicaid Estate Recovery Update, May 4th, 2011

Well, it looks like that estate recovery in Michigan will be coming down the pike.  As Michigan elder law lawyers, we new that the time was coming when we’d implement the estate recovery law that is already on the books.  Well that day may be coming in July, as the proposed policy changes were just released and I am reviewing the changes now.  The biggie is that there is a section in the policy manuel that addresses estate recovery.  There aren’t too many surprises in how it will be implemented, but it’s important to note that without proper planning a Michigan Medicaid applicant could lose their house, car, bank account, and insurance to the state of Michigan with the new proposed estate recovery policy.

It’s more important now, that if a loved one is going into a nursing home, that they effectively plan for Medicaid with the assistance of a Michigan medicaid planning attorney.  For more information on medicaid planning, elder law, and veterans benefits, visit the Michigan Elder Law Center.

4 thoughts on “Michigan Medicaid Estate Recovery Update, May 4th, 2011

  1. My Uncle just past away on July 30, 2011. He died testate, and I am his only heir. I cant believe that the State is doing this to people. My uncle had $12,000 in Aid and Attendance money, but I guess I wont see a dime after the State robs the crypt. Im not an attorney, but this law is unconstitutional. Everyone has a right to due process of law. Before the government can recoup anything of value, you must be given an opportunity to be heard. Can I challenge the law based on the fact that my uncle was never given due process. He never received Notice of Michigan’s intent to recoup any money or property after his death. I just got this crazy letter from the state, saying they intend to take money from probate proceedings. Can I place a lien on the Estate. I took care of my uncle until he died. Now I get nothing.

  2. My mother died. She has a revocable living trust and her estate will not go to probate. Can the state make a claim on her house?

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