If my father just passed away and left an inheritance to my sister and I but she is on Medicaid, if she declines her share of the money does it then go to me?

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If my father just passed away and left an inheritance to my sister and I but she is on Medicaid, if she declines her share of the money does it then go to me?

Asked on December 11, 2012 under Estate Planning, Oregon

Answers:

Victor Waid / Law Office of Victor Waid

Answered 9 years ago | Contributor

Probably not as the government has a first lien on any heritance that occurs the moment death occurs; remember the taxpayer, that is us, is entitled to recover any expenditure we laid out for the care of your sister.

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

This depends on how the will is written.  If your sister declines her share, it is distributed as though she had died.  If the will says that the gift is divided between "you and your sister or the survivor" or that her gift lapses, then it would go to you.  If the will says that her share goes to her "and if she does not survive, to her descendants," then her money goes to her descendants.


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