Legal Question in Elder Law in Illinois

Is there any "exempt portion" of a medicaid person's life insurance policy. For example, I found an $8000 policy of my mothers. Do I turn the whole amount over to the Medicaid facility? Or is she allowd to keep any of it.


Asked on 1/21/10, 6:18 am

2 Answers from Attorneys

Gregory Turza Law Offices of Gregory P Turza

Neither. If the face amount, i.e. the death benefit, exceeds $1,500 then policy's cash value is NOT exempt. You didn't mention what the cash value was.

If the cash value is, say, $2,500 then protecting this asset from spenddown means including it in an overall strategy. This is a complex area of the law in which I have a sub-specialty. Make sure the attorney you meet with is experienced with Medicaid planning, not just general estate planning.

All assets will need to be considered, not just the life insurance policy.

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Answered on 1/26/10, 7:48 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

You may be able to allocate some or all of these funds to an irrevocable, pre-paid burial contract, and thus avoid some of the required Medicaid spenddown. Feel free to call me if you'd like to discuss this further.

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Answered on 1/26/10, 10:27 am


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