Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
Under Delaware law, the State may recover Medicaid benefits paid on behalf of a deceased beneficiary from the person’s estate. 31 Del. C. §519 grants the Division of Medicaid & Medical Assistance (DMMA) the right to file a claim in the probate proceeding. To obtain and review documentation of such a claim, follow these steps:
1. Identify the Probate Court File
When someone dies in Delaware owning assets that meet probate thresholds, a personal representative opens a probate case in the Superior Court or Court of Chancery in the decedent’s county. Locate the case number and file at the Register of Wills office. You can search online at the Delaware Courts website or visit the Register of Wills in person.
2. Request Copies of Court Documents
At the Register of Wills office, request the Inventory and Appraisement, the Notice to Creditors, and any filed creditor claims (including the DMMA claim). These are public under 10 Del. C. §5054. Provide the decedent’s name, date of death, and probate case number. Be prepared to pay nominal copying fees.
3. Obtain the DMMA Claim Records
If the DMMA claim is not accessible from the probate file, submit a written request to the DMMA FOIA Records Officer under the Delaware Freedom of Information Act, 29 Del. C. §10002. Include the beneficiary’s name, date of death, and your status as personal representative. State you are requesting records related to the estate recovery claim.
4. Review the Claim Documentation
Compare the amount claimed to the actual Medicaid benefits paid. Examine supporting billing statements, notices of reimbursement, and the statutory authority. Under 31 Del. C. §519, DMMA may only recover against assets remaining after funeral, administrative expenses, and any statutory exemptions.
5. Challenge or Negotiate the Claim
If you believe the DMMA claim is inaccurate, file an objection in the probate court within six months of the first creditor notice, per 12 Del. C. §1901(a). You may also contact the DMMA Estate Recovery Unit to negotiate a settlement if the estate lacks sufficient equity to pay the full claim.
For full text of the estate recovery provisions, see 31 Del. C. §519: https://delcode.delaware.gov/title31/c005/sc06/. For probate procedures and creditor notices, see 12 Del. C. §1901: https://delcode.delaware.gov/title12/c019/index.html.
Helpful Hints
- Start early: Probate filings and records requests may take several weeks to process.
- Check for statutory exemptions: Certain assets, like a primary residence or personal effects, may be exempt under 31 Del. C. §519.
- Maintain organized records of all correspondence with DMMA, the court, and any creditors.
- Confirm current fee schedules with the Register of Wills office before visiting.
- Even if you self-navigate, consider consulting a probate attorney for complex estate recovery disputes.