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Sukilouie123, no, Medicaid won't take your inheritance, but, depending on your parents' circumstances, Medicaid might deny payments for your father's care for up to the number of months of care equal to the inheritance divided by the average monthly cost of care. For example, if the adult children inherited $120,000 from their mother and the average cost of care for their father was $10,000, then Medicaid might deny a maximum of 12 months of payments for care. But more likely in this example, Medicaid will split prior ownership of the $120,000 between your parents and, thus, might assess a payment denial period of just 6 months. However, the specific details of your parents' finances, whether they lived in a community property state, and your state's specific medicaid rules will all come into play, so I'd advise getting legal advice from an attorney who is a medicaid expert in your parents' state.
This is an interesting scenario. What money did Mom have? Was it an inheritance? Because in some states, inheritance is not community property. Is it money she saved from her earnings that was in her own account or CDs, investments in her name only?
I think Florida is talking about when there is no Will. Then the state steps in and determines the beneficiaries and splits the money according to that States laws. If there is a Will, the person can leave money too whom they please. But then, I would think in your instance a lawyer had guided Mom in laws concerning leaving no money to Dad. Which I must say is unusual. Usually married couples its what yours is mine and visa versa. If both pass at the same time then children inherit.
Is Dad ur biological Dad? Stepfather or adoptive father? Just unusual that Mom would write her husband out of a Will. Can't wait to see what others say.
If this money was left to you outside the 5 year look back. Then no, I don't think Medicaid can take it. Within the five year mark would be what your looking at. In my opinion, if the money was never shared jointly and always in Moms name, then it was hers to do with it the way she wanted. This is a good question for Medicaid or a lawyer who is versed in Medicaid.
Yes, if you do not have a will, court/state mandates where money goes, but I assumed a will here. Not true that you can write a will to exclude a spouse. In ever state, spouses have a right to money even if not in will. They can file in probate court. Now a prenup may override that, and in some situations, if the property was separate property in the hands of mom, some community property states would not mandate spouse getting a share (or may limit it). However, being in mom's name does not in and of itself make it separate property. And ever state is different.
Agree that OP needs a lawyer, but must be versed in estate law as well as Medicaid. 5 year look back rule may get tricky, estate lawyer may look at period dad had to assert his rights.
Need more information. In most states, absent a prenup, a spouse is entitled to a percent of the estate, generally 1/3 if there are children. If the state finds about it, it seems to me a gift of 1/3 of the estate from dad to kids (again, absent prenup). When did mom die, and when is dad headed to nursing home.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
I think Florida is talking about when there is no Will. Then the state steps in and determines the beneficiaries and splits the money according to that States laws. If there is a Will, the person can leave money too whom they please. But then, I would think in your instance a lawyer had guided Mom in laws concerning leaving no money to Dad. Which I must say is unusual. Usually married couples its what yours is mine and visa versa. If both pass at the same time then children inherit.
Is Dad ur biological Dad? Stepfather or adoptive father? Just unusual that Mom would write her husband out of a Will. Can't wait to see what others say.
If this money was left to you outside the 5 year look back. Then no, I don't think Medicaid can take it. Within the five year mark would be what your looking at. In my opinion, if the money was never shared jointly and always in Moms name, then it was hers to do with it the way she wanted. This is a good question for Medicaid or a lawyer who is versed in Medicaid.
Agree that OP needs a lawyer, but must be versed in estate law as well as Medicaid. 5 year look back rule may get tricky, estate lawyer may look at period dad had to assert his rights.