Legal Question in Elder Law in California
My father stands to inherit $75,000 from my brother's estate, however, he is now in application status, Medicaid pending. Our attorney suggested that we may consider him waiving his interest so the State does not take the monies so that he may continue to receive Medicaid. If he waives his interest, the estate will be divided between his children. Is this legitimate ? I do not want to jeopardize his Medicaid status.
Asked on 2/07/11, 8:49 pm
1 Answer from Attorneys
Vandad Moheban
MOHEBAN LAW FIRM
A better approach would be to set up a self-settled special needs trust for your father. The inheritance can be placed in that trust and allow him to retain his medicaid. If you would like more information, feel free to contact me at 818.347.0264. Regards, V Moheban
Answered on 2/09/11, 11:32 am
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