Q: The estate of my mother, who passed away, was opened in 2012 and closed in 2014. The estate was closed Sept 2014 and Medicaid made an estate recovery claim in Feb 2015.

A: Much more information is needed regarding the type of Medicaid received by your mother and much more information on her estate. For example, was her estate closed formally, by an Account filed with the court? If it was, was the PA Department of Public Welfare put on notice of the Audit date and presentation of the Account to a judge for signing pursuant to the PA Probate Estates and Fiduciary Code? Generally, Medicaid can recover against the property of a deceased person through the PA Department of Public Welfare Estate Recovery Program. However, regulations and rules dictate if this can be done and to what extent. In addition, if the estate followed certain procedures, estate assets may be protected. You need to review this entire situation with an estate elder law attorney who is versed in Medicaid law.