Posted on 11/18/2013 4:17:28 PM PST by Lorianne
Assets become targets of the states ___ Most people think they’re exempt from the estate tax (often called the “death tax”) because they don’t have $2 million. A lot of people with low incomes do have some assets, however, and if they have used any Medicaid benefits, their heirs may be in for a shock.
Depending on state law, the state may have the right to everything, up to the cost of Medicaid benefits received — house, car, bank accounts, tools, annuities, piano, furniture, everything — and not just 50 percent of it.
This situation is not exactly new. The Omnibus Reconciliation Act of 1993 requires states to pursue Medicaid asset recovery from persons who receive benefits at age 55 or older. At first, this applied mainly to nursing home benefits, but at state option, it could now include any items or services provided under Medicaid.
There are some limits on what the state can take, as in the case of hardship or to protect surviving spouses, but the law is extremely complex. “The only certainty is controversy,” writes lawyer David L. McGuffey, a member of a Georgia law firm specializing in estate law, in a 77-page document.
“Estate recovery tends to reach individuals of very modest means and has a chilling effect on low-income people seeking benefits to which they are entitled,” he notes. To enroll in Medicaid, people have had to sign a disclosure form explaining this requirement, and some decide to forgo the benefit.
A plaintiff who represented himself described estate recovery as “nothing more than a vast, unlawful conspiracy to deprive the plaintiff, an American who is black, of his property, his dignity and his constitutional rights, simply because they could.” (Drake v. Miller)
(Excerpt) Read more at washingtontimes.com ...
This is how it's done, children.
cross post with:
http://www.freerepublic.com/focus/f-news/3092855/posts
Bump! That is the Plan.
without inheritance rights there is no property rights.
In many cases, however, when low-income people die, their relatives just help themselves to the property. It can disappear very quickly.
Still better than the government getting it
Anybody who lets the government steal their assets at death have not been planning. If you know death is coming it is your duty as an American to give it away to those that you care about. If you have a car, sell it and give the cash away anonymously. If you have an annuity see if it can be cashed out. Give the parasite class nothing.
You've got that right. The leeches have stolen enough from the working class already.
Exactly I rather have my greedy family members get it than a greedy government.
Wow I have a bright future. I learned that starting in January I will be enrolled in Medicaid whether I like it or not. I know I’m not getting any younger, so I need to start organizing and plan ahead.
Someone told me about a neighbor that died, he had a lot of cool stuff, apparently he was not poor and he got really fat.... but his family never came to visit.
Until he died and they swarmed in and took everything.
So the government (taxpayer) covers the bills for the persons health care. That person dies with assets, and the government gets reimbursement. I don’t see the problem. Note this doesn’t apply to spouses, only other “heirs” to the estate.
Good. If you are on the publics dime you should pay your debt before your heirs inherit anything.
Exactly. I wouldn’t wish poverty on people just because they’re on Medicaid, but if a Medicaid recipient has any assets worth seizing then they probably shouldn’t have been on Medicaid in the first place.
Except that you don't have any choice about going on Medicaid.
Are you getting Medicaid and Medicare confused? I thought you had to be eligible for Medicaid, and also you had to APPLY for Medicaid.
I've made up my mind that I'm old enough not to give a sh!t anyway. I'll go without insurance and live as a renegade before I ever latch onto one of those meddling, intrusive things.
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