After the death of the Medi-Cal beneficiary, will Medi-Cal take family assets to pay for the Medi-Cal benefits received?
Medi-Cal can demand to be reimbursed for all benefits paid after the Medi-Cal beneficiary’s death. This could include forcing the sale of the family home. However, there are several significant exceptions and methods to avoid this. Medi-Cal will delay recovery during the life of a surviving spouse. Most importantly, Medi-Cal can only recover against property that is in the estate of the Medi-Cal recipient (or surviving spouse) at the time of their death. There are planning tools we have that can assure that there is little or no property that will be considered to be in the Medi-Cal recipient’s estate, therefore, no recovery. There are technical pitfalls and significant tax impacts if this is not done correctly – so please give us a call!