[Nfbmo] {Disarmed} Estate Recovery

Gene Coulter escoulter at centurytel.net
Sun Oct 2 02:06:00 UTC 2011


Below I have pasted the informationfrom the Missouri Attorney General’s web 
site – hope it doesn’t confuse  more than help.
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Frequently asked questions of the Financial Services Division
Table of Contents
  a.. Estate Recovery
    a.. What is the Estate Recovery Program?
    b.. What is the Medicaid Estate Recovery Program?
    c.. Who is affected by the Estate Recovery Program?
    d.. How does the Estate Recovery Program work?
    e.. What types of property are subject to recovery by the state in the 
Estate Recovery Programs?
    f.. Are there exemptions from Estate Recovery?
    g.. What if I believe an estate qualifies for an exemption?
    h.. What types of debts are collectable through the Estate Recovery 
programs?
    i.. What are the time limitations the state has to pursue recovery 
against an estate?
    j.. How do I know if the state has a claim against an estate?
  b.. Missouri Incarceration Reimbursement Act (MIRA)
    a.. What is MIRA?
    b.. Who is affected by MIRA?
    c.. What are the recoverable assets under MIRA?
    d.. Does the court take into consideration obligations to support 
dependents in an action brought under MIRA?
  c.. Child Support
    a.. What is the role of the Attorney General's Office in child support 
matters?
    b.. How does the Attorney General get involved in child support cases?
    c.. What types of child support enforcement does the Attorney General's 
Office handle?
    d.. What types of modification actions does the Attorney General's 
Office handle?
    e.. What do I do if I need information on my case while it is referred 
to the Attorney General?
    f.. What do I do if I am not happy with the actions taken by my 
caseworker?
  d.. Bankruptcy
    a.. Can I discharge a child support debt?
    b.. Can I discharge a student loan debt owed to the State of Missouri?
    c.. Can I discharge a penalty?
  e.. General Collection
    a.. What type of collection work does the Attorney General do?
    b.. Does the Attorney General handle student loan recoveries?
    c.. What do I do if I have a delinquent debt that has been referred to 
the Attorney General for collection?
    d.. Can I set up a payment plan to pay my debt to the state?
    e.. What information should I have when I call the Attorney General 
about my debt?
  f.. Service on State Agencies
    a.. What are the addresses that should be used when serving a state 
agency?
Estate Recovery
What is the Estate Recovery Program?
The Estate Recovery Program seeks recovery from the probated estates of 
people who are deceased and who were recipients of aid or assistance from 
the Missouri Department of Social Services, Missouri Department of Health 
and Senior Services or the Missouri Department of Mental Health.

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What is the Medicaid Estate Recovery Program?
The federal government mandates that states have in place a process to 
recover moneys paid out under the Medicaid program from deceased recipients 
of Medicaid. The Attorney General's Office handles more than 2,400 cases a 
year dealing with Medicaid recoveries.

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Who is affected by the Estate Recovery Program?
The Medicaid Estate Recovery program affects all estates of persons age 55 
or older who have received Medicaid services; or individuals under the age 
of 55 who were an inpatient in a nursing facility, intermediate care 
facility for the mentally retarded, or other medical institution if the 
individual was required to spend for costs of medical all but a minimal 
amount of his income for personal needs.

For other debts owed, the State may pursue estate recovery regardless of the 
age of the individual or the types of services provided.

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How does the Estate Recovery Program work?
For the Medicaid Estate Recovery Program, the Office of Attorney General 
works with the Department of Social Services to identify potential estates 
to file a claim against seeking recovery of the state debt. The Attorney 
General also works with other state agencies to file claims in the probate 
estates of individuals who owe that agency a debt. Methods of recovery are 
the same as those listed above for the Medicaid Estate Recovery Program.

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What types of property are subject to recovery by the state in the Estate 
Recovery Programs?
Any property, such as real estate, monies or personal property, that a 
person owns at the time of death in his or her name is subject to recovery 
through the estate recovery program.

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Are there exemptions from Estate Recovery?
Missouri law provides that estate recovery claims shall not be filed if:

  1.. the cost of collection will exceed the amount of the claim; or
  2.. the collection of the claim will adversely affect the need of the 
surviving spouse or dependents of the decedent to reasonable care and 
support from the estate.

By federal mandate, the Medicaid Estate Recovery Program provides that no 
recovery shall be had when the deceased leaves a surviving spouse, minor 
child under the age of 21-years-old or leaves a child of any age who is 
blind or is disabled. The federal government also requires states to waive 
recovery if recovery would cause undue hardship as determined by the state.

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What if I believe an estate qualifies for an exemption?
If you believe that an estate qualifies for an exemption, please contact the 
Attorney General's Office and include the name of the estate, the Social 
Security Number of the deceased, your relationship to the deceased, and the 
reason for the exemption:

Estate Recovery Program
Financial Services Division
Office of Attorney General
P.O. Box 899
Jefferson City, Missouri 65102

When making this request, please provide as much detail and any 
documentation such as disability awards with your request.

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What types of debts are collectable through the Estate Recovery programs?
Public assistance benefits paid to or on the behalf of an individual become 
a state debt owed from that person's estate upon his or her death including, 
but are not limited to, Medicaid payments made to nursing homes, hospitals, 
home health care workers and physicians; general relief payments; and blind 
pension payments.

Also recoverable are the cost of services provided to inpatients at 
Department of Mental Health facilities including daily rate charges and cost 
of medical treatment and outpatient services such as counseling and 
treatment.

Lastly, any debts owed to any state agency either because of a judgment or 
demand from the agency survives after death and may be recovered against the 
debtor's estate.

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What are the time limitations the state has to pursue recovery against an 
estate?
By state law, the state may pursue recovery at any time after an estate has 
been opened to seek recovery on a state debt.

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How do I know if the state has a claim against an estate?
If you have a question as to whether the State has a claim against an 
estate, you may contact the below address by providing the person's name, 
last known address,date of birth of the deceased, date of death and 
identifying numbers such as Social Security numbers or state agency number.

Office of Attorney General
Financial Services Division
P.O. Box 899
Jefferson City, Missouri 65102

Email: fsdmail at ago.mo.gov

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Missouri Incarceration Reimbursement Act (MIRA)
What is MIRA?
The Missouri Incarceration Reimbursement Act (MIRA) authorizes the state, 
through the Office of the Attorney General, to seek reimbursement for an 
inmate's cost of care. MIRA authorizes the state to collect up to 90 percent 
of the value of an inmate's asset or assets in order to pay for his or her 
cost of care.

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Who is affected by MIRA?
Any person who is under the jurisdiction of the Missouri Department of 
Corrections and is confined in any state correctional center or is under the 
continuing jurisdiction of the Missouri Department of Corrections.

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What are the recoverable assets under MIRA?
MIRA defines assets broadly. This definition includes any money received 
from a civil judgment and a "stream of income from any source whatsoever." 
Only $50,000 of the value of an inmate's homestead and $2,500 of wages paid 
while the inmate is incarcerated are excluded from the definition of asset. 
The state's right to recover under MIRA has priority over all other liens, 
debts, or other encumbrances against real property or any other assets which 
are part of an inmate's estate.

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Does the court take into consideration obligations to support dependents in 
an action brought under MIRA?
When determining an inmate's liability under MIRA, the trial court takes 
into consideration any legal obligation to support a spouse, minor children, 
or other dependents and any moral obligation to support dependents to whom 
the inmate is providing or has in fact provided support.

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Child Support
What is the role of the Attorney General's Office in child support matters?
The Attorney General's Office provides legal representation to the Family 
Support Division. Our office is committed to helping custodial parents and 
their children recover the child support to which they are entitled. When 
appropriate, the Family Support Division refers matters to the Attorney 
General. However, this office does not have an attorney-client relationship 
with individual parties to child support cases.

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How does the Attorney General get involved in child support cases?
We provide legal representation to the Family Support Division on cases 
referred to us by the Division. If you think that one your case involves an 
issue appropriate for a referral to Attorney General Nixon's office, please 
ask your child support caseworker.

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What types of child support enforcement does the Attorney General's Office 
handle?
Pursuant to the referral policy of the Division, our office primarily 
handles the following types of child support enforcement cases:

  1.. The non-custodial parent's employer fails to comply with an income 
withholding order issued by the Division.
  2.. The non-custodial parent holds a professional license.
  3.. The non-custodial parent has a pension or other retirement plan that 
may be available to satisfy past due child support.

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What types of modification actions does the Attorney General's Office 
handle?
The Family Support Division refers cases to the Attorney General to seek 
judicial approval on cases where the Division has initiated a modification 
at the request of a party to a child support case. The Attorney General may 
also represent the Division in modification cases where the custodian of a 
child is receiving public assistance. If a parent thinks a modification is 
appropriate on their case they should contact their caseworker.

Additional information is available online.

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What do I do if I need information on my case while it is referred to the 
Attorney General?
The Attorney General communicates with the Family Support Division 
concerning the actions if takes on child support matters referred by the 
Division. Accordingly, your caseworker will be able to provide you with 
information about the status of your case even after it has been referred to 
the Attorney General. Likewise, if you have some information that you think 
may be helpful, please pass this along to your caseworker and he or she will 
communicate it to our office.

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What do I do if I am not happy with the actions taken by my caseworker?
The Family Support Division maintains a customer relations unit to handle 
customer inquiries:

FSD Customer Relations Unit
615 Howerton
P.O. Box 2320
Jefferson City MO 65102
(573) 522-3724

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Bankruptcy
Can I discharge a child support debt?
Under 11 U.S.C. § 523(a)(5), child support is not discharged in bankruptcy.

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Can I discharge a student loan debt owed to the State of Missouri?
Under 11 U.S.C. § 532(a)(8), student loans are generally not discharged in 
bankruptcy.

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Can I discharge a penalty?
Fines and penalties "payable to and for the benefit of a governmental unit" 
cannot be discharged through a bankruptcy. 11 U.S.C. § 523(a)(7).

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General Collection
What type of collection work does the Attorney General do?
The Attorney General collects many different types of debts, including fees, 
penalties, fines, assessments, loans, restitution, costs, and the like, on 
behalf of dozens of state agencies.

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Does the Attorney General handle student loan recoveries?
Yes, the Attorney General handles student loan recovery on behalf of several 
state agencies.

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What do I do if I have a delinquent debt that has been referred to the 
Attorney General for collection?
Contact the Financial Services Division of the Attorney General's Office to 
discuss this debt.

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Can I set up a payment plan to pay my debt to the state?
Typically, you can do a payment plan. If your debt has been referred to the 
Attorney General for collection, contact the Financial Services Division to 
discuss a payment plan.

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What information should I have when I call the Attorney General about my 
debt?
You will want to know what type of debt it is and the state agency to whom 
you owe it. If you want to set up a payment plan, you should be prepared to 
discuss your monthly earnings and expenses.

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Service on State Agencies
What are the addresses that should be used when serving a state agency?
Missouri Rule of Civil Procedure 54.13(b)(4) provides for service on state 
agencies. The addresses for most agencies can be found through the State of 
Missouri Web site.

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