[Nfbmo] {Disarmed} Estate Recovery
Bryan Schulz
b.schulz at sbcglobal.net
Mon Oct 3 01:47:07 UTC 2011
hi,
Was something discussed during the board meeting?
what was the cause for this instead of just providing the link?
Bryan Schulz
----- Original Message -----
From: "Gene Coulter" <escoulter at centurytel.net>
To: "NFB MO List" <nfbmo at nfbnet.org>
Sent: Saturday, October 01, 2011 9:06 PM
Subject: [Nfbmo] {Disarmed} Estate Recovery
> Below I have pasted the informationfrom the Missouri Attorney General’s
> web
> site – hope it doesn’t confuse more than help.
> Skip to page content Skip to site navigation Home :: Law Enforcement ::
> Financial Services Division
> AG Chris Koster | FAQs | Spanish Version / AGO en español Missouri
> Attorney
> General Chris Koster
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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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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
>
> [ back to top ]
>
> Bankruptcy
> Can I discharge a child support debt?
> Under 11 U.S.C. § 523(a)(5), child support is not discharged in
> bankruptcy.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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).
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> Does the Attorney General handle student loan recoveries?
> Yes, the Attorney General handles student loan recovery on behalf of
> several
> state agencies.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
> 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.
>
> [ back to top ]
>
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