Will Medicaid or Medicare seek reimbursement from my mother’s estate and how do I handle it? - Florida
The Short Answer
Medicaid may seek repayment from your mother’s probate estate for certain benefits paid after she turned 55, but Florida law includes important limits and exceptions (including protections for a surviving spouse and certain children). Medicare is different: it typically does not operate as a Florida “estate recovery” claim the way Medicaid does, but it can have reimbursement rights in specific situations (for example, if there was a settlement or insurance payment related to medical care).
What Florida Law Says
In Florida, Medicaid estate recovery is handled as a creditor claim in probate. If your mother received Medicaid benefits after age 55, Florida law generally treats that as a debt owed to the state, and the state may file a claim in the probate case to recover qualifying amounts—subject to statutory exceptions and exemptions.
The Statute
The primary law governing this issue is Fla. Stat. § 409.9101.
This statute (the “Medicaid Estate Recovery Act”) provides that Medicaid estate recovery is pursued by the Agency for Health Care Administration (AHCA) filing a statement of claim against the estate in probate, and it also sets out key limits—such as when recovery is not enforced (e.g., if there is a surviving spouse or certain children) and when hardship waivers may apply.
Separately, if there is a third-party payment (like an injury settlement) connected to medical expenses, Florida Medicaid can also assert reimbursement rights under Fla. Stat. § 409.910, which can affect what money is available to the estate and heirs.
If you want more background on probate creditor timing, see: What Is the Creditor Claim Deadline in Florida Probate, and What Happens After It Expires?.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Medicaid recovery is typically asserted through probate creditor-claim deadlines, and missing a notice or timing requirement can create avoidable disputes or delays.
- Burden of Proof: The amount claimed can depend on what benefits were paid, when they were paid, and whether they fall within recoverable categories; documentation and proper objections (if any) matter.
- Exceptions: Florida law includes major exceptions (for example, surviving spouse, minor child, or blind/disabled child) and also recognizes hardship waivers and exemptions for certain protected property.
Trying to handle Medicaid estate recovery informally—without understanding probate creditor rules, exempt assets, and the interaction with other claims—can lead to personal representative liability issues, improper distributions, or a claim dispute that becomes expensive to unwind.
Get Connected with a Florida Attorney
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.