[Nfbmo] {Disarmed} Estate Recovery
Debbie Wunder
debbiewunder at centurytel.net
Mon Oct 3 11:11:04 UTC 2011
Hi Bryan, it is because we have been trying to learn how folks who receive
BP, will legally be able to leave their estate to children or other family
members.
----- Original Message -----
From: "Bryan Schulz" <b.schulz at sbcglobal.net>
To: "NFB of Missouri Mailing List" <nfbmo at nfbnet.org>
Sent: Sunday, October 02, 2011 8:47 PM
Subject: Re: [Nfbmo] {Disarmed} Estate Recovery
> 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
>> Search AGO
>>
>>
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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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>>
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