MEDICAID ESTATE RECOVERY IN MISSOURI
Under Missouri law, MO HealthNet (aka Missouri’s Medicaid Program) can make a postdeath claim against the estate of a benefit recipient. (RSMo. 473.398). This is known as Medicaid Estate Recovery.
This blog article discusses Medicaid Estate Recovery in Missouri, how it works and exceptions. For starters, Missouri courts have recognized the state’s right to pursue an accounting to recovery property to satisfy its claim. The Family Support Division (FSD) will sent a notice to the person handling the deceased person’s affairs.
There are exceptions to the right to estate recovery. One is if there is a surviving spouse of the decedent who received Medicaid benefits. The other is where a surviving child under 21 years of age or surviving adult child who is blind or permanently and totally disabled. Additionally, no recovery is allowed where the benefit recipient was under the age of 55 when they received MO Healthnet benefits.
Estate recovery claims are not subject to the six month nonclaim period like other creditors or to the one year deadline for filing a claim. However, if not probate proceeding is filed within one year of the recipient’s death, the estate recovery is time barred.
A MO Healthnet Claim is a claim of the seventh class (RSMo. 473.397), so it is allowed after payment of court costs, administration expenses, exempt property, the family and homestead allowance, funeral expenses, taxes and debts to the United States and the reasonable cost of a tombstone. Basically what this means is that the Medicaid estate recovery, if valid, is paid after all of the above is paid first. Those expenses can be significant and as a result can ultimately reduce the value of Medicaid estate recovery claim.
The standard of proving the claim is low. Missouri Department of Social Services (MoDSS) does not have to produce written records.
Proper Medicaid planning can help ensure not only initial eligibility for Medicaid but also protect the estate, as best as possible, against estate recovery. Our office assists clients with this type of planning and offers clients a free consultation to see if they are a good candidate for Medicaid Planning.
Missouri Probate Administration FAQs
Probate administration can be a daunting process, especially during a time when families are already dealing with significant changes. Our Missouri probate administration lawyer is here to make it easier to understand the essentials and provide the support you need. We are dedicated to providing the experienced, personalized, and client-focused service that you need and deserve. Our founder, Charles Moore has been practicing law since 2005, and our firm has been assisting clients in Missouri for over a decade. You can trust us to lead you through the probate process with confidence and clarity and to help you protect your rights and your interests every step of the way.
What Are The Probate Fees In Missouri?
Probate fees in Missouri vary based on the estate’s size and the specific details involved. Generally, fees include court costs, attorney fees, and possibly executor fees, all of which can add up. For example, attorney fees are often based on a percentage of the estate’s value, and additional court costs depend on the number of filings and necessary proceedings. Our Missouri probate administration attorney can help you understand these fees, how they might apply to your case, and how to avoid them at all, if possible.
How Much Does An Estate Have To Be Worth To Go To Probate In Missouri?
In Missouri, whether an estate needs to go through probate often depends on its value and the types of assets it includes. Estates under a certain threshold—currently $40,000—may qualify for simplified probate options or even avoid probate if certain conditions apply. If the estate contains only jointly held assets or those with beneficiary designations, it may bypass probate as well. Consulting with our dedicated probate administration lawyer is a good way to assess your specific situation and understand the necessary steps.
How Long Do I Have To File Probate After Death In Missouri?
In Missouri, probate must typically be filed within one year of the person’s death. Waiting beyond this time can prevent you from opening a probate case, which can complicate matters for beneficiaries and other involved parties. This one-year timeframe is critical to keep in mind, especially if the estate has numerous assets or multiple beneficiaries. It is important to contact an attorney as soon as possible in order to begin the process of probate within a timely manner.
How Can I Avoid Probate In Missouri?
Missouri offers several ways to reduce or avoid probate, depending on the estate’s composition and planning choices made before death. Common options include creating a living trust, designating beneficiaries on bank accounts, and titling property jointly with rights of survivorship. Each method has its own requirements and potential benefits, and it’s essential to understand how these options apply to your specific situation. Our Missouri probate administration attorney can discuss your specific situation with you and help you determine how best to manage or avoid probate.
What Is The Order Of Inheritance In Missouri?
In Missouri, the order of inheritance follows a specific structure in cases where someone dies without a will. The deceased’s spouse and children typically inherit first. If there is no spouse or children, the estate then passes to other relatives, such as parents, siblings, and potentially extended family members, depending on who survives. The order is structured by law and is intended to distribute assets to close family members first. However, creating a will provides control over how assets are distributed, making it an important part of estate planning.
Contact Our Missouri Probate Administration Lawyer Today
Probate doesn’t have to be an overwhelming process, and our probate administration lawyer is here to make your situation as smooth and beneficial as possible. Our team will answer your questions and guide you through each step of the process. If you need assistance with probate or have specific questions, reach out to our team at the Legacy Law Center today to schedule a consultation.
