New Orleans Medicaid Estate Recovery Attorney

Orleans Parish, Louisiana Lawyer for Medicaid Estate Disputes

An enormous number of people rely on Medicaid to meet even their most basic healthcare needs. Many vulnerable adults need this program to cover the costs of long-term care facilities. Unfortunately, in some cases, Medicaid will seek reimbursement for certain expenses it has covered by filing a claim against the recipient's estate. This type of action is known as Medicaid estate recovery. If you may be impacted by a Medicaid estate recovery claim, there may be steps we can take on your behalf to preserve your succession.

Brown Weimer, LLC, represents those whose estates or inheritences are jeopardized by Medicaid estate recovery laws. If you are currently in need of or accepting Medicaid, or if you are involved in a succession subject to such a claim, our attorneys may be able to help defend the estate in question. We are skilled at both planning for Medicaid estate recovery and defending those facing it.

Understanding Medicaid Estate Recovery in Louisiana

Medicaid is thought of as an assistance program, but in certain cases, it is a loan masquerading as help. Almost any medical expenses a senior citizen incurs, starting at age 55, may be demanded back when the recipient passes away. Medicaid sets about reclaiming the money it spent on a person's care by filing a claim against their estate. In some cases, Medicaid may even place a lien on the recipient's home in an effort to secure recovery.

As you can imagine, in many cases, the total amount Medicaid has paid out for a nursing home resident will far exceed the total value of the succession. This could potentially leave the decedent's named beneficiaries or heirs empty-handed.

Estate Planning Lawyer for Medicaid Recipients

If Medicaid plays an important role in your long-term care financing, there are steps we can take right now to protect your future estate against these often costly actions. The earlier we can help you develop a Medicaid strategy, the better protected you and your intended beneficiaries may be.

Certain estate planning strategies, like the use of revocable living trusts, can help guard designated succession property against a Medicaid estate recovery action. Generally, the property contained in this type of trust is protected against Medicaid's efforts to recover its costs. Care must be used in crafting trusts for this purpose. The protection normally stems from the right of another person to receive trust property.

Even if you are still in the process of applying or qualifying for Medicaid, we can help you begin planning right now. It is best to work closely with an attorney to develop a Medicaid plan starting before you apply.

Defense Against Medicaid Estate Recovery

If you are a beneficiary to a Louisiana estate and you are facing a Medicaid reimbursement claim, our attorneys can help. There is a certain procedure that must be followed to help you avoid the potential for personal liability. You are not likely to be able to take or receive any estate property until Medicaid's claim has been settled.

There are certain exceptions written into Medicaid estate recovery law, although they are limited. There are a few circumstances where an estate is exempt, generally if there is a child or disabled survivor who was dependent on the decedent. There are somewhat broader circumstances in which a Medicaid reimbursement claim can be waived. This is a complex situation that requires a high level of legal skill to properly address.

Contact a Louisiana Medicaid Estate Recovery Lawyer

Brown Weimer, LLC, can help you protect your estate against Medicaid estate recovery. Our skilled lawyers will aggressively protect your succession while preserving your Medicaid eligibility. Contact us at 504-561-8700 for a free consultation. We work with clients throughout southern Louisiana, including metropolitan New Orleans, Slidell, Harvey, Houma, Mandeville, Covington, Gretna, Metairie, Kenner, Thibodaux, St. Tammany, St. John the Baptist, Lafourche, Terrebonne, and Jefferson Parishes.