Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When an individual receives an inheritance, the state may file a Medicaid estate recovery claim against the decedent’s estate to recoup benefits paid. Under Vermont law, you can obtain and review all documentation supporting this claim by following these key steps.
1. Identify the Personal Representative
Every probate estate in Vermont has a personal representative (also called an executor or administrator). This person has legal authority to access estate records, including Medicaid claim documents. If you are not the personal representative, ask them to obtain records on your behalf or petition the probate court for standing.
2. Access the Probate File
Vermont probate is administered by the Superior Court, Probate Division. The probate file contains the estate inventory, creditor notices, and any filed Medicaid claim. To obtain copies:
- Locate the probate docket number. You can search by decedent name on the Vermont Judiciary’s remote access portal (https://www.vermontjudiciary.org).
- Request certified copies of filings at the county courthouse where probate opened. Fees range from $0.50–$1.50 per page.
- Review the inventory schedule. It lists estate assets and any filed claims against the estate, including Medicaid.
3. Request Medicaid Estate Recovery Documentation
Vermont’s Medicaid Estate Recovery Program (MERP) operates under 33 V.S.A. § 1946. The Department for Children and Families, Economic Services Division (DCF/ESD) handles these claims. To obtain records:
- Send a written request to:
Department for Children and Families
Economic Services Division
280 State Drive, Waterbury, VT 05671-1010 - Include the decedent’s name, Medicaid ID (if known), date of birth, and date of death.
- Ask for the “Notice of Claim” and any supporting medical billing statements or itemized invoices.
Under 33 V.S.A. § 1946(e), you may also request a copy of the full claim package. You can reference the statute directly: 33 V.S.A. § 1946.
4. Review and Compare Documentation
Once you have copies of the probate inventory and Medicaid claim documents, compare them side by side:
- Verify that the billed dates of service match benefits paid.
- Check that all medical providers and amounts align with estate assets.
- Note any discrepancies or duplicate charges.
If you find errors, you can file an objection in the probate court under Vermont Rule of Probate Procedure 61(b). The court will hold a hearing to resolve disputes.
5. Resolve or Negotiate the Claim
If the estate cannot pay the full claim, you may negotiate a reduced settlement with DCF/ESD. Submit supporting financial affidavits to demonstrate limited estate value. The agency often agrees to a partial recovery when estate assets are solely a residence with a surviving heir or minor beneficiary.
Helpful Hints
- Keep organized copies and detailed notes of all correspondence.
- Track deadlines—probate claims generally require response within 14 days of notice.
- Check for federal hardship waivers if the estate’s only asset is the family home.
- Use the Vermont Judiciary’s Public Records Request form to access additional court documents.
- Consider consulting an estate attorney to navigate objections or settlements.