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WHAT IS a LIEN? Your House Or Land

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WHAT IS a LIEN? Your House Or Land collect on the lien that was placed on I AM NO LONGER ON after debts are paid, any remaining WHAT IS A LIEN? your house or land. ASSISTANCE. HOW CAN I GET assets go to the proper people. RID OF THE LIEN ON MY This means that money from the sale For assets passing outside the probate goes to the State to pay off the OAA, PROPERTY? A lien is a document filed with the county process, the surviving owners or ANB, MEAD, or APTD assistance you beneficiaries will be sent a notice of the registry of deeds which alerts anyone received. You can make a voluntary payment to who wants to buy your house or land that the State in an amount equal to the Department’s claim. you have a debt against the property WHAT IF I OWN MY PROPERTY assistance provided. Upon receipt of the which must be paid when the home is WITH OTHER PEOPLE? payment, the State will remove the lien. WILL THE STATE FILE A sold or refinanced. CLAIM AGAINST MY ESTATE? If you receive OAA, ANB, or APTD cash Even if you no longer receive assistance, assistance and the property is jointly the State will only act upon the lien if you When probate is started for someone WILL THE STATE FILE sell or refinance your property, or die. owned with your spouse, when the who received OAA, ANB, MEAD, or A LIEN ON MY HOUSE? property is sold or refinanced the State APTD cash or medical assistance, the will collect on the full amount of the lien, WHAT IS AN ESTATE CLAIM? State may file a claim against the estate If you receive OAA, ANB, or APTD cash if the money from the sale is enough to for repayment of the assistance received. pay off the lien. assistance, the State will file a lien on The State will file a claim against your your home or land to get paid back for If the property is jointly owned with An estate is all of the property (such as estate for the: this assistance. someone other than your spouse, the cash, savings, stocks, land, etc.) owned State will collect on the lien for cash by a person at the time of death. For the OAA, ANB, or APTD cash If you live in a nursing home and your assistance only up to the amount that purpose of recovery of medical assistance you received, if the total house or land is not being lived in by equals your share of the ownership of the assistance, your estate includes both assistance is more than $100; your spouse, minor or disabled property. assets that pass through probate and and/or child(ren), or sibling with an equity assets that pass outside the probate OAA, ANB, MEAD, or APTD interest, the State will file a lien to get If you receive OAA, ANB, MEAD, or process. Your estate includes property medical assistance you received paid back for the OAA, ANB, MEAD, or APTD medical assistance and the held solely or jointly with others on the after age 55, if you are unmarried or APTD medical assistance (Medicaid) property is jointly owned, the State will date of death. This includes assets held widowed at the time of your death you received after age 55. collect on the lien only up to the amount and do not have any minor or that equals your share of the ownership in joint tenancy, tenancy in common, life estates and living trusts regardless of disabled children. IF THE STATE FILES A LIEN ON MY of the property. when the asset was obtained or divided. There is no recovery for Medical HOUSE, WHAT WILL HAPPEN? Assistance received prior to age 55. If you owe money to creditors (like the When the State files a lien on your State) when you die, the creditors can file WHAT IF I HAVE A WILL THAT house, it does not mean: a claim against your estate to get paid SAYS MY PROPERTY GOES TO that you must move or sell your back the money owed to them. house; or SOMEONE OTHER THAN THE Through the probate process, the court STATE? that the State owns your house or makes sure that: wants to own your house. all debts or claims filed against the Probate law provides that creditors, such What it does mean is that when you sell as the State, must be paid before any estate are paid; and or refinance the property, the State will directions in a will are followed. If any assets remain after paying all You should contact an attorney for more Department of Health & Human debts against the estate, the court will information on how liens and estate Services District Offices follow the directions of the will and allow claims might apply to your situation. WHAT ARE LIENS assets to be given to the heirs in the will. BERLIN LITTLETON WHAT IF MY ESTATE DOES 650 Main St., Ste. 200 80 North Littleton Road AND ESTATE CLAIMS? ARE THERE ANY TIMES WHEN NOT HAVE ENOUGH FUNDS Berlin, NH 03570-2496 Littleton, NH 03561-3841 752-7800 or 444-6786 or MY ESTATE WON’T HAVE TO TO REPAY THE STATE? 800-972-6111 800-552-8959 REPAY THE STATE? The State will collect on the funds that CLAREMONT MANCHESTER All cash assistance received must be are available in your estate even if there 17 Water Street, Suite 301 1050 Perimeter Rd, Suite 501 repaid to the State. is not enough to pay the claim in full. Claremont, NH 03743-2280 Manchester, NH 03103-3303 542-9544 or 668-2330 or The State will only file a claim if you are Once your estate is properly probated 800-982-1001 800-852-7493 over the age of 55 and you do not have a and closed: CONCORD SOUTHERN surviving spouse, minor or disabled child. 40 Terrill Park Drive 26 Whipple St. If repayment of medical assistance any remaining debt for OAA, ANB, or APTD cash assistance can be Concord, NH 03301-9955 Nashua, NH 03060-3213 received would cause the family to 271-6200 883-7726 or experience a hardship, repayments are collected from your spouse’s estate 800-322-9191 800-852-0632 sometimes waived. when (s)he dies. If you do not have a spouse when you die, any CONWAY SEACOAST Your family and/or the administrator of remaining debt is forgiven; and/or 73 Hobbs Street 19 Rye Street your estate can apply for hardship waiver Conway, NH 03818-6188 Portsmouth, NH 03801-2862 and have the debt forgiven, if the any remaining debt for OAA, ANB, 447-3841 or 433-8300 hardship criteria are met. MEAD, or APTD medical 800-552-4628 800-821-0326 assistance is forgiven. The State will only take the available funds in KEENE ROCHESTER The law requires all recipients of Old Age THE STATE DIDN’T FILE A LIEN, Assistance (OAA), Aid to the Needy Blind your estate to pay for a medical 111 Key Road 150 Wakefield Street, Suite 22 CAN THEY STILL FILE AN (ANB), and Aid to the Permanently and assistance debt. The state will not Keene, NH 03431 Rochester, NH 03867-1309 ESTATE CLAIM? Totally Disabled (APTD) cash assistance as collect from your spouse’s estate 357-3510 or 332-9120 or well as many recipients of OAA, ANB, when (s)he dies. 800-624-9700 800-862-5300 APTD, and Medicaid for Employed, Adults Yes. There are times when the LACONIA with Disabilities (MEAD) medical assistance Department does not have the authority to repay the State for the benefits they 65 Beacon Street West to place a lien but may file a claim. receive. The State collects payment for past Additionally, because a lot can happen Laconia, NH 03246-9988 524-4485 or assistance in two ways: between application for assistance and 800-322-2121 liens against real property; and/or death, there will be situations where a estate claims after a recipient dies. lien is not filed, but an estate claim is TTY/TDD Access: Relay NH 1-800-735-2964 appropriate, and vice-versa. or 711 Filing an estate claim is based on NH Department of Health and Human Services circumstances existing at the time of the BFA Form 77s 129 Pleasant Street recipient’s death. 04/06 Rev. 07/11 Rev2 4/14 Rev3 5/16 Rev4 3/18 Concord, NH 03301-3857 rev5 8/18 www.dhhs.nh.gov/DFA SR 06-06 .
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