Does the state (Colorado) keep my mom's personal money after she dies?

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Mymom2021 Asked March 2022

Does the state (Colorado) keep my mom's personal money after she dies?

My mother died in a skilled nursing facility in Colorado in 2021. She was on Medicare. Her SSA was directly deposited in a personal account through the nursing facility. The facility was paid monthly from that account, and she had a small amount left over each month for personal expenses. She also received $2,600 in Covid tax relief. So, when she died she had more than $2,000 in her account. The nursing facility sent a check for the balance of her account. Will the state of Colorado take all or some of this money?

End of Life Financial Planning Medicaid

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score 0 · Answer 1

No, I doubt it. It's an inheritance now.

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score 0 · Answer 2

Call directly to the Medicaid office. NH refers applications to them to be approved. They ususally have people who know most of the rules, but the policy handbook is maintained by the Medicaid office for your state. When your mom applied for Medicaid she/her appointed rep signed a MERP form regarding recovery after death. MERP pertains to what is left in her estate at the time of death - her home if she still had one, bank accounts, etc - anything that is leftover and part of a probate or estate. Bank accounts that had another person and transfer upon death don't go into the estate/probate. Neither do homes that had transfer upon death deeds (such as what was called Lady Bird deed). Insurance policies with beneficiary(ies) don't go to estate or probate. All these these things transfer to the designated person(s) at death.

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The money she is talking about is the personal needs acct that is set up for the small amt ( maybe $50) that is allowed deducted from the SS amount for personal need. That, the stimulus checks and any assets that were allowed ($2000 and under) are, after death, are all considered her estate and Medicaid cannot touch it,.

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score 0 · Answer 3

You mean Medicaid (medical financial assistance), not Medicare (health insurance).

Covid relief money is not considered income.

Medicaid rules vary by state. You should get your answers from people who live in your Mom's state. I would definitely keep the money in an account for a while.

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score 1 · Answer 4

Don't bet that the NH knows all the rules. Some have posted that they were told by the NH that the personal needs acct and the spend down of assets reverts to Medicaid. It does not. Both become part of your mothers estate. The stimulus money was hers to spend as she wished and give as a gift if she wanted to.

So the answer to your question, no the State will not come after that money. If you are an only child, its yours. If not split it among your siblings. Its not even enough money to declare on taxes. Its like an inheritance.

The spend down in assets is what Mom was allowed to keep.

The small amount of her SSA was money for her needs.

The stimulus was for her to spend anyway she wanted.

All HER money, her estate.

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This NH seems to have integrity, they returned the PNA. So they may actually be a resource.

I know some NH are greedy, thieving, scumbags but, this one doesn't appear to be like that.

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