is there a time limit when a person dies to creditors to collect and medicaid and medicare?

Question

is there a time frame to collect monies owed after a person dies and also is there a time limits for repayments of medicaid and medicare if a award was granted for a wrongful death suit;and will attorney fees be paid from medicare and medicaid for their collection

Answer 1

Under Pennsylvania law, a creditor has one year from the first publication of the advertisement of letters testamentary / administration to file a claim against the estate. If the creditor does not file within that period, they are barred.

In a wrongful death lawsuit, the concept of "subrogation" takes effect. Because the third party payor paid for medical care, they are entitled to be reimbursed from any recovery from the person causing the death or injury. That is to say, the estate of the decedent would be unjustly enriched if it had received medicaid/medicare benefits AND reimbursement for the same expenses which medicare/medicaid paid.

Answer 2

All money judgments against a person who dies must be filed before the distribution of his estate, otherwise, the claims will be considered as barred under the applicable provisions of the Rules of Court.