Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When you inherit an estate in Minnesota, the Department of Human Services (DHS) may file a claim to recover costs paid on behalf of the decedent under the Medical Assistance program. Under Minn. Stat. §256B.15, subd. 4 (estate recovery), DHS can register as a creditor in probate. To obtain and review all relevant documentation, follow these steps:
1. Identify the Probate Case
Search the district court file in the county where the decedent resided. Probate dockets and filings are generally public. You can use the Minnesota Judicial Branch Public Access system or visit the court clerk’s office in person.
2. Request Probate Records
Request copies of documents filed by DHS—especially the Notice of Claim or Proof of Claim. Courts typically charge per-page fees. Ask for an itemized statement of the claim.
3. Request Detailed Billing Records from DHS
If you need underlying medical or billing records, submit a request under the Minnesota Government Data Practices Act (Minn. Stat. §13.03, subd. 3). Provide the decedent’s full name, date of birth, and the case number to speed up processing.
4. Analyze the Documentation
Compare Medicaid payment dates, billed services, and the amounts DHS seeks to recover. Verify whether all costs comply with Minnesota’s allowable expense rules. Note any discrepancies.
5. Address Discrepancies
If you find errors or unsubstantiated charges, document them in writing and submit a formal dispute to DHS. If the disagreement persists, consider consulting an attorney experienced in Minnesota probate or elder law.
Helpful Hints
- Obtain a certified copy of the probate register of actions before ordering claim documents.
- Look under “State of Minnesota, Department of Human Services” when searching creditor listings.
- Keep a detailed call and correspondence log, noting dates, names, and reference numbers.
- Review creditor claim deadlines under Minnesota probate law (Minn. Stat. §524.3-801).
- Consider hiring a probate or elder law attorney if you face complex billing codes or potential disputes.