Is there any way to keep Medicaid medical benefits if Im disabled and receive an inheritance?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.