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Instructions for Filing a Medicaid Estate Recovery Notice
Legislation (ORC 5302.221) requires the
Recorder’s Office to obtain a Notice of Pending Transfer
of Property by Transfer on Death Deed when a transfer to
a TOD beneficiary is filed and to send the completed form to the
Administrator of the Medicaid Estate Recovery Program.
Effective
immediately, you must provide an original copy of the
Notice form when you are filing a transfer to a TOD
beneficiary in the Greene County Recorder’s Office. The
Notice form is not a public record in the
Recorder’s Office, so please do not include the form as an
exhibit.
As a result of SB124,
effective December 28, 2009, Transfer on Death Deeds have been
replaced by Transfer on Death Designation Affidavits. And,
Transfer on Death Affidavits have been replaced by TOD
Affidavits of Confirmation (see
Transfer on Death Recordings link). The Medicaid
Estate Recovery administrator has not revised the name of the
Notice to reflect the changes in SB124. However,
the form is still required when filing a Transfer on Death
Affidavit of Confirmation.
When filing a TOD Affidavit
of Confirmation, please provide the following:
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The original signed copy
and a copy of the Notice form.
We are required to
time-stamp the original copy of the Notice form before we
record the TOD Affidavit of Confirmation and to send it to the
Medicaid Administrator. We will also time-stamp your copy,
which you may keep. We will keep a copy of the Notice for
our records; however, it is not recorded and is not available
for public inspection. If you do not bring a copy with you, you
may pay the customary fees to make a copy.
Click here for the Notice
form, or you can locate the form on the Ohio
Department of Job and Family Services Website. Look for form JFS 07408.
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A copy of the Transfer on
Death Designation Affidavit or the Transfer on Death Deed,
if filed before December 28, 2009, which we send with the
Notice.
We are required to
attach a copy of the TOD Designation Affidavit or the TOD Deed
with the Notice form. We are not required to send a copy
of the TOD Affidavit of Confirmation— only the TOD Designation
Affidavit or Transfer on Death Deed that was recorded prior to
the death of the property owner.
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Payment to adequately
cover postage costs for the Notice form and
the TOD Designation Affidavit or the TOD Deed. This
postage is separate from the postage you provide for filing
the TOD Affidavit of Confirmation.
After we
have time-stamped the Notice form and attached a
copy of the TOD Designation Affidavit or TOD Deed, which you
have provided, we will mail the documents to the Administrator.
The only processing fee you will incur from the Recorder’s
Office is the postage fee. We do not charge a fee to process
the form. The TOD Affidavit of Confirmation will be recorded as
usual, with the usual fees for recording and postage. After the
Notice form is mailed, the Recorder’s Office will
not be contacted by the Medicaid Administrator unless a Medicaid
Lien is filed. For questions concerning processing after the
Medicaid Administrator has received the Notice,
please contact the Medicaid Estate Recovery Program at the
address on the form.
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