WHAT IS A LIEN by pengxiuhui


									                                              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.
                                              This means that money from the sale                  RID OF THE LIEN ON MY                    For assets passing outside the probate
                                              goes to the State to pay off the OAA,                      PROPERTY?                          process, the surviving owners or
A lien is a document filed with the county    ANB, MEAD, or APTD assistance you
registry of deeds which alerts anyone                                                        You can make a voluntary payment to            beneficiaries will be sent a notice of the
                                              received.                                                                                     Department’s claim.
who wants to buy your house or land that                                                     the State in an amount equal to the
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                  owned with your spouse, when the               sell or refinance your property, or die.       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,                                                  State may file a claim against the estate
                                              if the money from the sale is enough to            WHAT IS AN ESTATE CLAIM?
If you receive OAA, ANB, or APTD cash                                                                                                       for repayment of the assistance received.
assistance, the State will file a lien on     pay off the lien.
                                                                                                                                            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 you received, if the total
                                              assistance only up to the amount that          purpose of recovery of medical
house or land is not being lived in by                                                                                                           assistance is more than $100;
                                              equals your share of the ownership of the      assistance, your estate includes both
your spouse, minor or disabled                                                                                                                   and/or
                                              property.                                      assets that pass through probate and
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                                                                  medical assistance you received
                                              APTD medical assistance and the                process. Your estate includes property
paid back for the OAA, ANB, MEAD, or                                                                                                             after age 55, if you are unmarried or
                                              property is jointly owned, the State will      held solely or jointly with others on the
APTD medical assistance (Medicaid)                                                                                                               widowed at the time of your death
                                              collect on the lien only up to the amount      date of death. This includes assets held
you received after age 55.                                                                                                                       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
                                                                                                                                                 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
house, it does not mean:                                                                                                                         WHAT IF I HAVE A WILL THAT
                                                                                             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?
                                                                                            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
                                               The State will collect on the funds that     CLAREMONT                    MANCHESTER
                                                                                            17 Water Street, Suite 301   195 McGregor Street, Suite 110
All cash assistance received must be           are available in your estate even if there
                                                                                            Claremont, NH 03743-2280     Manchester, NH 03102-3762
repaid to the State.                           is not enough to pay the claim in full.      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.
If repayment of medical assistance             •    any remaining debt for OAA, ANB,        40 Terrill Park Drive        3 Pine St. Ext., Ste. Q
                                                                                            Concord, NH 03301-9955       Nashua, NH 03060-3213
received would cause the family to                  or APTD cash assistance can be          271-6201                     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              50 International Dr.
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
                                                                                            KEENE                        ROCHESTER                        The law requires all recipients of Old Age
                                                    will only take the available funds in
  THE STATE DIDN’T FILE A LIEN,                                                             809 Court Street             150 Wakefield Street, Suite 22   Assistance (OAA), Aid to the Needy Blind
                                                    your estate to pay for a medical                                                                      (ANB), and Aid to the Permanently and
    CAN THEY STILL FILE AN                                                                  Keene, NH 03431-1712         Rochester, NH 03867-1309
                                                    assistance debt. The state will not                                                                   Totally Disabled (APTD) cash assistance as
        ESTATE CLAIM?                                                                       357-3510 or                  332-9120 or
                                                    collect from your spouse’s estate                                                                     well as many recipients of OAA, ANB,
                                                                                            800-624-9700                 800-862-5300
                                                    when (s)he dies.                                                                                      APTD, and Medicaid for Employed, Adults
Yes. There are times when the                                                               LACONIA                                                       with Disabilities (MEAD) medical assistance
Department does not have the authority                                                      65 Beacon Street West                                         to repay the State for the benefits they
to place a lien but may file a claim.                                                       Laconia, NH 03246-9988                                        receive. The State collects payment for past
Additionally, because a lot can happen                                                      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
                                                                                              TTY/TDD Access: Relay NH 1-800-735-2964                     •     estate claims after a recipient dies.
lien is not filed, but an estate claim is
appropriate, and vice-versa.                                                                                  or 7-1-1

Filing an estate claim is based on                                                                                                                        NH Department of Health and Human Services
circumstances existing at the time of the                                                                                                                            129 Pleasant Street
recipient’s death.                                                                                                                      Form 77s                  Concord, NH 03301-3857
                                                                                                                                 04/06 Rev. 07/11               www.dhhs.nh.gov/DFA
                                                                                                                                        SR 06-06

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