What Really Happens If You Die Without a Will in Ohio?
Many people assume that if they pass away without a will, everything will just “work itself out.” Unfortunately, that’s not how Ohio law works. Dying without a will—also known as…
Protect your assets and ensure your loved ones are cared for by understanding Medicaid Estate Recovery in Ohio.
Medicaid provides essential healthcare services to millions of Americans, including long-term care for the elderly and disabled. When most people think about Medicaid for long-term care, they think about what it takes to become eligible for the program. However, there’s more to the story. There’s also the Medicaid Estate Recovery Program (MERP), which allows the state to recover the costs of care from a recipient’s estate after they pass away. It’s important to be aware of not only what it takes to become eligible for Medicaid, but also how the MERP may affect your estate after your death.
If you’re a resident of Ohio or have loved ones who are, read on to understand how Medicaid Estate Recovery works so you’re armed with the information you need to protect your assets and plan accordingly.
Medicaid Estate Recovery is a federal mandate requiring states to recoup expenses paid on behalf of Medicaid recipients aged 55 or older. This typically includes costs for nursing facility services, home and community-based services, and related hospital and prescription drug services. In Ohio, the program is administered by the Ohio Department of Medicaid (ODM).
Ohio seeks recovery from the estates of deceased Medicaid recipients for the cost of services provided. Ohio is considered an “expanded recovery” state, which means that your assets that pass to beneficiaries both within probate and outside of probate are subject to estate recovery. This means that any property or asset that you own at the time of your death may be used to recover the cost of your long-term care under the MERP program.
The state can recover costs for:
Upon the death of a Medicaid recipient, the estate’s executor or administrator is required to notify the ODM. The state will then present a claim against the estate for the amount owed. In Ohio, the Attorney General’s Office notifies the estate of Medicaid recipients when there is a MERP claim.
Proper estate planning can help minimize or avoid Medicaid Estate Recovery:
Medicaid planning is complex and highly individualized. Consulting with an experienced attorney in Ohio can help you navigate the rules and develop a plan that suits your needs.
Understanding Medicaid Estate Recovery in Ohio is essential for protecting your assets and ensuring your estate is distributed according to your wishes. The earlier you plan, the more choice and control you will have. By being proactive and engaging in thoughtful estate planning, you can mitigate the impact of estate recovery on your loved ones.
Yes, but perhaps not the way you think. Your home can be subject to estate recovery after your death if Medicaid benefits were used for your care. However, recovery is delayed if a surviving spouse, minor, blind, or disabled child lives in the home.
Medicaid reviews asset transfers made within 60 months (5 years) before your application. Transfers for less than fair market value can result in penalties or delays in eligibility.
Don’t leave your estate to chance. Contact us at Ohio Heritage Law today to schedule a consultation and explore your options for protecting your assets from Medicaid Estate Recovery. Reach out via phone at (330) 571-4151 or email at info@ohioheritagelaw.com
For personalized legal advice, always consult with a qualified attorney. This blog post is for informational purposes only and does not constitute legal counsel.
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