by Steve
(Doylestown, PA, USA)

What is the Statue of Limitations (time limit) that the Pennsylvania DPW can come after my mother's annuity? She has been deceased for over four years.

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May 10, 2016
annuity rules
by: Gabriel Heiser

Under federal law, the state must be named as a remainder beneficiary in the first position for at least the total amount of medical assistance paid on behalf of the annuitant (your mother).

However, the rules will be different if the annuity was purchased prior to the enactment of this statute in 2006.

Otherwise, the Pennsylvania estate recovery statute limits recovery against the probate estate of the person who received Medicaid.

Since an annuity that passes to a named person after the annuitant’s death is not a probate asset, then it will not be subject to PA estate recovery unless the annuity provision just mentioned applies.

See 62 P.S. § 1412.

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