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
asking!
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