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Question relating to Pennsylvania Medicaid estate recovery of funds held in a joint bank account with decedent and nephew

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Does the below affect this relationship? 1)ASSETS AVAILABLE TO ESTATE RECOVERY: In Pennsylvania only the probate assets contained in an estate are subject to estate recovery. Probate assets generally are only those assets which were in the name of the decedent alone or which become part of his or her estate after death. 2)ASSETS NOT AVAILABLE TO ESTATE RECOVERY: All non-probate assets will be free from the recovery process for the Department of Public Welfare. Non-probate assets include, but are not limited to, jointly owned property........

Attorney Answers

2
Robert Gasparro ·
An answer cannot be given to this question without more information. One obvious question is how the decedent got Medicaid if there was a joint account at the time of application. or while collecting Medicaid, which was not spent down. This reply does not constitute an attorney/ client relationship and there may be facts in your case which make this inapplicable to your case. Consult an attorney for more specific information.
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Laura Cohen ·
The joint account is not a probate asset and therefore is not available for estate recovery.
0 upvotes

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