Effective September 8, 2011, new regulations regarding Medicaid Estate Recovery have been adopted in New York State.
Previously, New York State could only recover for Medical Assistance (Medicaid) it had paid for a person who died if that person owned assets at the time of his or her death that required an estate proceeding. For example, prior to these new regulations, there was no right to recover against assets that passed directly to joint owners or against real property in which a decedent held a life estate. The new regulations change those rules and allow the State, through the Department of Social Services, to pursue recovery from such assets as joint bank accounts, the real property in which the decedent maintained a life estate and certain interests held in trusts. These are significant changes in the Medicaid law and are applicable irrespective of when the title to the assets was established or changed. If you have previously engaged our firm or another firm to advise you regarding Medicaid qualifying rules or planning, or you have a deed to your property that includes a life estate, we strongly encourage you to make an appointment to see one of our attorneys who practices in the Elder Law field.
