Legal Question in Wills and Trusts in New Hampshire

fathers death

my father recently died and left quite a bid of money to his sister who is in a nursing on medicare. Will medicare be notified and the money be used for her $7000 monthly care costs?


Asked on 2/23/09, 10:56 am

2 Answers from Attorneys

Bruce L. Dorner Dorner Law Office

Re: fathers death

Unless there were some restrictions on the money, it is likely that it needs to be reported. It may have an impact on Medicare.

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Answered on 2/23/09, 11:33 am
Herbert Cooper Law Offices of Jameson & Cooper

Re: fathers death

If you are referring to state-funded nursing home (long term) care, you may actually be referring to Medicaid as contrasted with Medicare. In the absence of certain specific provisions in a will, limiting or changing the gifts to someone on public assistance, the money will be considered that person's, and will typically need to be expended upon their care. It may affect their eligibility for Medicaid for a period of time, based upon the amount of money and the cost of long term nursing home care.

This is another important reason to carefully plan gifts to elderly beneficiaries in a will. An alternative might have been a gift which would supplement your aunt's public benefits, without requiring outright consumption of the whole sum.

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Answered on 2/24/09, 3:31 pm


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