My mother was receiving Medicaid with 24/7 home aides and she passed away and I want to know if and how much Medicaid will take?

Not a ridiculous question, but only Medi-Cal has the answer. They probably have a lien against the property.

Call up Medicaid and ask them how much they think they are owed.

The amount of the lien depends on how much medicaid paid on your mother's behalf. They can take up to all of the equity in the coop, if they spent that much on her behalf. You will almost always get more money by selling the coop yourself and then paying back medicaid, rather than letting the bank take the property back. Depending on how much your mother's estate owes, you may actually get some equity for yourself by selling it yourself.

In Michigan,MDCH will not recover assets from the home of a Medicaid recipient while one of the following individuals is lawfully residing in that home: 1. A Medicaid recipient's spouse. 2. A Medicaid recipient's child who is less than 21 years old. 3. A Medicaid recipient's child who is blind or permanently disabled. 4. A survivor who lived in the home and provided care that allowed the Medicaid recipient to remain in their home for at least two years immediately prior to the Medicaid recipient's admission into a medical facility. 5. A Medicaid recipient's sibling who has an equity interest in the home and who lived in the home for at least one year immediately prior to the Medicaid recipient's admission into a medical facility. Certain Medicare cost sharing benefits are exempt from Estate Recovery. The above exemptions are temporary. Additionally, MDCH will not pursue Estate Recovery if it would result in an undue hardship. An undue hardship may exist when (1) the estate subject to recovery is the primary income-producing asset of the survivors (where such income is limited), such as a family farm or business; (2) the estate subject to recovery is a home of modest value; or (3) the State's recovery of a decedent's estate would cause a survivor to become or remain eligible for Medicaid. To qualify for an undue hardship waiver, the applicant must satisfy a Means Test. This ensures that an actual hardship would result. An applicant will satisfy the means test if both of the following are true: Total household income of the applicant is less than 200% of the poverty level for a household of the same size: and Total household resources of the applicant are less than $10,000. As stated above, there is a presumption that no hardship exists if the hardship resulted from estate planning methods where assets were diverted in order to avoid estate recovery. "Home of modest value" means a home that is worth less than 50% of the average price of a home in the county where it is located on the date the Medicaid recipient died. The average price of a home may be determined from the tax assessment values in the county. A "survivor" is an heir who did not die before the Medicaid recipient. The survivor must have lived in the Medicaid recipient's home for at least 2 years immediately before the Medicaid recipient went into a medical institution. The survivor must show that he or she provided care that let the medical assistance recipient stay at home rather than in an institution during that 2 year period.

You should contact Missouri Division of Social Services.

You can ask them; you could also open probate and give them notice, and they will file their claim.

Under current Michigan law, Medicaid can only pursue probate assets. If your mothers Co-op was set up in such a way as to pass outside probate, then Medicaid will not have a claim. If it DOES need to go through probate, there are some exceptions to what they will take. There may also be exemptions that would apply, but that would depend on information not included in your post.

Federal law requires Medicaid to try to recover expenses paid from the estate of a decedent. Sometimes they do and sometimes they dont. If the co-op has any substantial value over and above the mortgage, they may try to do a recovery. They are very unpredictable. Try to find out how much the co-op is worth, and work from there.

They can recoup whatever they paid on your mothers behalf. They may place a lien on the property so you should find out in that way.

They will take up to what they spent on her, without adding any interest. You will be able to keep your compensation for acting as executor, if you do. If you gi ve them the appropriate notice and info, they'll tell you what they would want, and you'll be able to determine how much equity will be left for you.

You should obtain the assistance of probate legal counsel to assist you in deciding the beat course and options you may have to determine whether save the apartment house and determine whether the medicaid lien can be negotiated downward. By the way, no question ids ridiculous.