Case Update: State Agencies Exempt From Nine-Month Filing Requirement

Philip Roy died on November 2, 2008 and on August 26, 2009, Indiana’s Medicaid agency filed a petition to allow the agency to enforce its claim for reimbursement of benefits provided to Mr. Roy during his lifetime. The estate’s personal representative denied the state claim and the trial court denied the claim saying that it was outside the nine-month period in which claims may be filed against an estate after death.

In State ex rel. Family and Social Services Admin. v. Estate of Roy, the Court of Appeals of Indiana reversed the trial court and held that the agency’s claim is not time-barred because it is a subdivision of the state that is not held to the nine-month filing requirement.

See State Seeking Recovery Is Exempt From Time Limit On Estate Claims, ElderLaw Answers, Mar. 5, 2012. See also State ex rel. Family and Social Services Admin. v. Estate of Roy, Ind. Ct. App., No. 33A04-1105-ES-246, Feb. 29, 2012).