Can Medicaid take money from a death settlement?
Updated 9:30 PM;
Q. Can Medicaid take a settlement from family members of a deceased 28-year-old in New Jersey who was quadriplegic and in a nursing home for a portion of his disabled years? There is no lawsuit settlement yet, but may be in the next few years.
— Hopeful
A. It depends.
There are two types of claims for death caused by a third party due to negligence or other wrongful conduct.
One is a survival action that is brought to recover damages to the deceased person, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park.