What to do if my aunt left me around $20,000 in her Will but I am on Medicaid and receive a veteran’s pension?

My brother is the executor of the Will and I would like to know if he can make the check out to a third party my girlfriend and I owe money to, her parents. I would not receive the check, it would be made out directly to them for the full amount of the inheritance. I need to stay on Medicaid due to health reasons and do not wish to mess up my VA pension either. Is just having it paid out to the within the law?

Asked on August 6, 2014 under Estate Planning, Minnesota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately there is probably nothing that you can do at this point.  Under the medicaid law you will be deemed to have inherited the money already, even if it is paid to another.  I would go and speak with a medicaid attorney asap.  Good luck.

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