Georgia Assignment of Portion of Expected Interest in Estate in Order to Pay Indebtedness

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Multi-State
Control #:
US-01754BG
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Word; 
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Georgia is one of the last states in the United States to implement an estate recovery program.

While the deceased husband's estate might be required to pay for the debt, the surviving spouse is not directly liable if she never signed a contract. Even if the surviving spouse was an authorized signator on the credit card account, she is still not liable for the debt.

There are also many assets that are non-countable (exempt). Exemptions include personal belongings, household furnishings, an automobile, irrevocable burial trusts, and generally one's primary home. IRA's and 401K's of applicants are exempt if they are in ?payout status?.

The Medicaid program is a joint federal/state program. Federal law, enacted in 1993, requires states to develop and enforce an Estate Recovery Program. The Department of Community Health (DCH) has the responsibility to recover money paid on behalf of the Medicaid member up to the full amount that Medicaid paid.

The Department of Community Health (DCH) has the responsibility to recover money paid on behalf of the Medicaid member up to the full amount that Medicaid paid. This requirement was established by Title XIX of the Social Security Act.

There is no deadline for settling a Georgia estate. Depending on the size of the estate, beneficiaries can anticipate the probate process to take anywhere from six months to several years. While there is no deadline, there are dispute deadlines that beneficiaries should consider.

If the deceased Medicaid member is survived by a spouse the Department of Community Health will not pursue Estate Recovery against the Estate so long as the surviving spouse is alive.

The law generally provides for the funeral expenses to be paid first. Expenses for final medical expenses may also be a priority. If a debt has a co-signer, the creditors may seek payment from the co-signer instead of the estate.

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Georgia Assignment of Portion of Expected Interest in Estate in Order to Pay Indebtedness