Is there any way to keep Medicaid medical benefits if Im disabled and receive an inheritance?

UPDATED: Oct 2, 2022

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Is there any way to keep Medicaid medical benefits if Im disabled and receive an inheritance?

Hello, I am disabled due to severe Osteoarthritis, Ive undergone 14 surgeries so
far, and I need more surgeries soon and most likely more in the future as more
joints and parts of my body start to fail. Im currently living with my father, but soon
he will be moving into assisted living and I will need to find housing for myself and
son. The sale of the house will be split, some goes to continued care to keep my
father in assisted living, my brother receives some, and I will receive some to live on
to Pay rent, groceries, etc. what Im afraid of, is losing my Medicaid medical
benefits because the inheritance will put me way over Medicaids limit and I will lose
medical benefits. The sum I will receive is approximately 30,000 which will just
about cover living expenses for a year. Yet, its no way near enough to cover even
one surgery. What can I do? Thank you, Darcy Wolfe

Asked on October 17, 2019 under Estate Planning, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can "disclaim: or refuse the inheritance: you can't be made to inherit or accept money against your will. If the inheritance you'd get is worth less to you than the value of the benefits (e.g. Medicaid) you'd give up by accepting it, this is a logical thing to do. You would have to disclaim properly in writing--you should be able to get instructions on how to do so from the probate court. If you do this, the inheritance does not go to you (your share will be split between the other heirs/beneficiaries) and will not count against you.

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