What can we do to protect from real estate recovery?

Response to me from OP

"My Dad gets healthcare and in home care where Medicaid paid for my wife to take care of him at home. My dad never have a house under his name."

His wife being paid to care for Dad has nothing to do with Medicaid Recovery for her, sister or OP. Dad was getting the Medicaid. He was the recipient. It does not matter who was being paid to care for him. As long as Dad did not own a home or turn over a home to someone within the 5 year lookback, there is no problem. That would all have been resolved when he applied for Medicaid anyway. If no home was mentioned on his original application there is no problem.

Dad has no assets. His SS and any pension stopped upon his death. There is NO money. Nothing to recover. As I said, everyone gets a recovery letter, its a State law. All you need to do is fill out the forms saying there are no assets. He died penniless.

With Medicaid Recovery, family members are not responsible to pay back monies spent on recipients care.

I have been thru this. My Mom had a house, a lien was placed. I told them other than the house my Mom died penniless. I never heard from them again until the house sold, and I got a letter saying the lien was satisfied. This is a simple process, that is being blown out of proportion.

Sign nothing.
Ask your pastor/padre or more knowledgeable members of the community for the name of a person to ask.
A lawyer or city leader or policeman or teacher are good examples.
The medicaid office or other city offices are good places to ask. You have a car and your sister has a house, so you know where some offices are (I am trying to explain simply in case there are some people who need simple).

tra20012: Speak to an attorney well versed in your native language, especially about the paperwork that you've stated in this thread below where you believe that you have to sign something.

I have no experience, but if it were me I would proceed very slowly, carefully and not even respond except to take the letter to the Medicaid office to verify it came from them. If it did come from them and they say something is owed... I would want a clear understanding why it is even being addressed when he is still alive. I would then contact an estate attorney if it appears they are insistent.

My guess is it possibly is a form letter that goes out to everyone receiving funds of any sort from Medicaid. Or, there may be a misunderstanding about the funds being used to pay your wife. I have found with government and many businesses everything has an accounting code. If something has been coded wrong, it needs to be corrected before the problem goes away.

Consult a lawyer about setting up a trust

As quickly as possible, find an elder law attorney to handle this.

Contact an elder law/estate planning attorney.

To answer ur reply to me. If Dad never owned the home he lives in and has no assets, then IMO you just tell Medicaid at his death he had no assets. Your wife as his caregiver getting paid by Medicaid means nothing.

This may be a scam letter.

I would call your local Area Agency on Aging and ask for their assistance.

The question is how is Medicaid involved? Did Dad get healthcare, in home care or care in a NH where Medicaid paid.

Was property listed when Dad signed up for Medicaid? Once on Medicaid, property can not be transferred 5 yrs before getting NH care and I think in home. If the house was always sisters, then Medicaid has nothing to recover from.

Medicaid, by law, has to try and recover monies they paid out. This is probably a letter everyone gets. All you need to do is say that Dad had no assets upon his death. He only had is SS and that stopped at death.

Family is not responsible for this debt. They cannot take sister's house unless they find Dad transferred the house to her within the 5 year look back or while he was on Medicaid.

Whomever is executor on this will writes back to say that there is no estate.

If this home of your parents was sold to sister during time Dad was on Medicaid there may be some problems extant, for which you would need an attorney.

You say the mother still is living? Has she assets? Because in any state where these assets are considered joint assets, some of her assets may stand to pay some of his clawback from Medicaid. If Mom has assets I would see an attorney as well. Just to be certain her own assets are safe from clawback.

Unless you are really savvy on the laws of your state and everything about Medicaid this kind of isn't a DIY thing.

Is your dad living now? I am unclear as to your situation based on your post.

Was your mom in a facility with Medicaid paying? Mom passed and dad sold the house to sister? I’m scratching my head trying to figure out what has happened to cause your dad to receive this notice.

Here is a post from someone who is receiving a request from Medicaid after their mother passed.
Read Igloos answer. It might be helpful.

https://www.agingcare.com/questions/who-pays-for-medicaid-after-mother-passes-486440.htm?orderby=recent&page=1�

Please let us know the circumstances and we will try to help.

When was the title to his home transferred?

If he doesn't own any real estate then he wouldn't be subject to real estate recovery... what am I missing?