Practice Areas
- Medicaid
- Living Trusts
- Estate Administration and Probate
- Asset Protection
- Veterans Benefits
- Special Needs Trust
Blog 
Estate Administration and Probate
- Finding Tips On Estate Planning at the Theatre
- Update on the Status of Federal Estate Tax
- Michael Jackson Estate Makes Land Mark Estate Deal With Sony
- The Governator Says Health Reform Will "Beat Up" California
- When a will isn’t enough
News
- What Next For the Estate Tax?...
Posted on 8/5/2010 - The Growing Rate of Dementia and Alzheimer's...
Posted on 3/9/2010 - Let it snow! Pittsburgh Extends Property Tax Deadline...
Posted on 2/9/2010 - Estate Tax, Medicaid, Social Security Changes Ring In New Year...
Posted on 1/13/2010 - Main beneficiary to Michael Jackson’s estate shakes up her probate team...
Posted on 10/22/2009
Library
Estate Administration and Probate
- When Pennsylvania Estate Recovery Can Take Place By Law
- Joint Bank Accounts - Risks and Benefits
- Guidelines for Gifts and Joint Accounts
- Intestacy Laws Of Pa: Dangers of Not Having a Current Living Will
- Drafting Wills That Protect Clients' Interests: Every situation is different, which is why we select vehicles that meets each client's needs
When Pennsylvania Estate Recovery Can Take Place By Law
Upon the death of a medicaid recipient, the Department of Public Welfare must pursue recovery of funds expended for the decedent. Estate recovery is required for any person age 55 years and older, and for whom Pennsylvania paid for nursing facilities services or care received from home and community based services. If an estate is probated, the personal representative must obtain a release by DPW that no repayment of funds is due to the Commonwealth.
Property with is not liable to DPW is as follows:
1. Property held by the decedent and another at the time of death as joint tenants with right of survivorship or as tenants by the entireties.
2. Life insurance proceeds paid directly to a designated, named beneficiary.
3. "In trust for" accounts paid on death to a designated beneficiary.
4. A hardship exemption amount of $2,400 if a total estate is less than $2,400 and there is an heir to claim the exemption.
5. Since the primary residence is an excluded resource, it should be transferred to the community spouse. (Transfers between spouses are exempt)
The Department of Public Welfare has taken the position that the residence may not be transferred for less than adequate consideration by a community spouse without incurring a period of ineligibility for the institutionalized spouse, even following approval for benefits.
The law is clear that the community spouse's resources are no long considered available to the institutionalized spouse after medicaid eligibility. However, DPW considers the residence to be distinguishable since it was once an exempt resource.
It is important that the community spouse execute a new Will which basically disinherits the institutionalized spouse. However, failure to elect against the will of the community spouse is considered a transfer by the institutionalized spouse which renders him or her ineligible for continued benefits.
If you have any questions or would like a free consultation call us toll free at 1 800 879 0984 or send us a message through our website by clicking here and we'll be certain to respond.
Elder Law Offices of Shields and Boris
109 VIP Drive
Suite 200
Wexford, PA 15090
Phone: (724) 934-5044
Toll Free: (800) 879-0984
Get Directions
Elder Law Offices of Shields and Boris
109 VIP Drive
Suite 102
Wexford, PA 15090
Phone: (724) 934-5044
Toll Free: (800) 879-0984
Get Directions
