qualified disclaimer of inheritance

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qualified disclaimer of inheritance

My brother is on medicaid and is in line to get money from an aunt, along with my sisters, cousins, and uncles. Can he file a qualified disclaimer and if so, is there a time limit and who will the money go to? He lives in Indiana and the inheritance is from Illinois.

Asked on May 22, 2009 under Estate Planning, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If he disclaimed it would be as if he had predeceased the aunt, and the money would be distributed in accordance with the Will or laws of intestate distribution of Illinois, where the deceased lived.

In some cases that would mean more for everyone else, or it might mean the person who gets the remained gets more.

BUT it would really make sense to get a lawyer to review the situation as you don't want the worst thing to happen -- Medicaid and Social Security take the position that even the right to inherit alone ends his eligibility for Medicaid (they'd say "why should the state and federal government pay for him when he can pay his own way?")  but he has disclaimed and gets nothing. This cries out for some legal advice he can rely on, and answers on this service are NOT that.


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