What happens after the death of a beneficiary? Is there a Medi-Cal or Medicaid payback?
In the event of the death of a beneficiary, the funds from a CalABLE account can be used by his or her estate to repay any outstanding eligible expenses, funeral, and burial costs. As part of the estate, funds in the ABLE account are subject to federal estate tax. After the death of the beneficiary, the remaining funds will be taxed and can be used to pay any outstanding qualified disability expenses of the decedent and any State claim under section 529A(f) before they are transferred to the beneficiary's estate or a successor designated beneficiary.
For beneficiaries receiving Medi-Cal benefits: One great benefit of CalABLE is that, in most situations, the account is exempt from Medi-Cal estate recovery, giving individuals the full opportunity to leave a legacy for loved ones.
Medi-Cal will not file a claim directly on the ABLE account. However, the state may recover on assets that have transferred from an ABLE account to an estate. In these cases, Medi-Cal will recover only if ALL of the following apply:
The deceased Medi-Cal member was aged 55 or older.
The member leaves an estate that is subject to formal probate. Under current law, only estates that exceed $184,500 in value are subject to formal probate.
The member received nursing facility services or home and community-based services, including related hospital and prescription drug services.
The member is not survived by a spouse or registered domestic partner, child under 21 years of age, or disabled child of any age.
Recipients of the estate may also apply for a Medi-Cal hardship waiver against recovery on all or part of the estate. Recovery is limited to the amount of payments made for the services listed above (including managed care premiums) or the value of the estate, whichever is less.
For more information on Medi-Cal and CalABLE, please see the Medi-Cal Program Fact Sheet.
For beneficiaries receiving Medicaid benefits from a state besides California: Medicaid can file a claim for a payback upon the beneficiary’s death minus any premiums paid as part of the Medicaid Buy-In Program. The Medicaid recovery is calculated from the date the beneficiary opened the CalABLE account. For more information, we recommend contacting your state’s Medicaid program.