By Robert C. Gerhard, III, Certified Elder Law Attorney
Legally, it is the executor’s duty to identify if there is an estate recovery claim. The Pennsylvania Department of Human Services Estate Recovery Program does not have to find the executor. If the executor distributes money without addressing the estate recovery claim, both the executor and those receiving estate asset can be personally liable.
The personal representative must determine if the decedent received Medical Assistance (Medicaid) long-term care benefits in the five years preceding death. If not, there is no obligation to notify the Pennsylvania Department of Human Services, but if Medicaid long-term care benefits were received, the estate’s personal representative (executor) must notify the Estate Recovery Program to request a statement of claim following applicable regulations. Failure to handle this step properly can result in personal liability for the executor.
The Estate Recovery Program has 45 days from the date it receives proper notice to respond to the personal representative’s request for a statement of claim. In this process, the personal representative must provide detailed documentation of the estate’s value. The information about the estate’s value is used by the Estate Recovery Program to identify assets subject to payback and to identify estates that are so small that they may be eligible for a hardship waiver.
Click here to contact Gerhard & Gerhard, P.C. for help with your estate administration and estate recovery issues. The direct path to secure answers to your questions is to contact our law office for a consultation. The legal fee for the consultation is a permissible estate administration expense, paid ahead of the estate recovery claim under Pennsylvania’s priority statue. For additional details, read our full blog on the Pennsylvania Medical Assistance Estate Recovery Program.
—
Disclaimer: We recommend that you receive ongoing legal advice from an estate attorney before attempting to administer a trust or an estate. If you wish to secure our services to provide guidance and representation in connection with a trust or estate administration, please contact us.
