Under Medicaid law, following the death of the Medicaid recipient North Carolina attempts to recover from his or her estate whatever long-term care benefits were paid for the recipient's care.
North Carolina attempts to recover these funds from the Medicaid recipient's probate estate, meaning property that is held in the beneficiary's name and which passes according to the estate procedures. Thus far, it is rare for North Carolina to look to assets passing through a trust. Although North Carolina could possibly assert that they are a creditor of the estate and attempt to look into the trust arrangement, this has not been the procedure thus far.
Any family member who is confronted with the costs of a long term stay in a nursing facility should contact an attorney who can help them in this complex area of the law. Our law firm assist client in Carteret, Craven, Onslow and proximate counties.
