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Mother Passed Away in Dane County Receiving Care Wisconsin Benefits...What Form Do I File?

Attorney Thomas B. Burton answers a reader question about what paperwork she may need to file with the State of Wisconsin for her mother who passed away in Dane County while receiving Care Wisconsin services.

Transcript of Video: Mother Passed Away in Dane County Wisconsin Receiving Care Wisconsin Benefits…What Form Do I File?

Today's question comes from Madison

Wisconsin and the reader says the

following excuse me I'm not sure where

the reader is but the question involves

Dane County my mother passed away

without a will in Dane County Wisconsin

my sister and I were her only children

living in other states so the reader

lives in another state but the mother

died in Dane County which is where

Madison is total value of her personal

property was approximately $500 so

personal property is like your personal

possessions clothing furniture jewelry

etc and the joint checking account was

sister and self of $1,500 at the time of

death she was in a skilled nursing

facility and enrolled in Care Wisconsin

paid monthly her personal property could

not be used by us are we required to fill out

any documents for Wisconsin if yes what

are they okay so a great question here

it sounds like the mother passed away

and was receiving state assistance

through this Care Wisconsin and she had

a little money in her checking account

and some personal property now in

general if you're receiving Medicaid

assistance from the state of Wisconsin

you're allowed to keep up to $2,000 in

liquid assets I'm guessing that's

perhaps why her financial accounts are

so low you then qualify for assistance

from the state of Wisconsin if you fill

out the Medicaid application they

determine you qualify at that point the

state will help pay for your care if

that's what's going on here then it is

possible that the state of Wisconsin has

an estate recovery lien against your

mother for whatever assets she had be

remaining at death so I would check with

the Department of Health Services to see

if they have a bill to be repaid from

any of her assets before you would

transfer that checking account to you

and your sister sounds like you're the

only heirs but if they have an estate

recovery lien

and you need to use what we call a

transfer by affidavit a simplified

probate process you could possibly use

because this is under $50,000 but that

requires you to notify the state first

about those assets by certified mail so

talk to me or another qualified attorney

who could help you with that transfer by

affidavit and I would check with the

state of Wisconsin before you would

transfer any money to yourself because

they may have a lien against your mom's

estate to get repaid first that's all I

can say from the specifics I'm not for

sure she was receiving aid from the

state of Wisconsin but it sounds like

she was so I would check with Department

of Health Services estate recovery

section first

Sorry to hear about your mother passing

but great question and thank you for


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Transcript and captions provided for ease of access for the hearing impaired.

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