Legal Question in Wills and Trusts in Connecticut
Medicaid Recipient and Inheritance
My grandmother (Mother's mother) has a substantial estate. My mother was supposed to inherit one-third. My mother had a severe stroke and is in a Medicaid-paid nursing home. I was told that if my grandmother did not change her will to exclude my mother, that the State/Medicaid would receive this portion. My father states that he is entitled to half of the inheritance and the state only gets half. He is not personally included in the will. Who is correct?
1 Answer from Attorneys
Re: Medicaid Recipient and Inheritance
Your grandmother should talk to an attorney about a "special needs trust" for your mother. This type of trust, under current law, would keep the inheritance safe from Medi-Cal, but could still be used to buy things for your mother beyond what Medi-Cal provides.
Your father would not be entitled to one-half of your mother's inheritance unless your grandmother's will provides for him.
Your grandmother should strongly consider changing her will or trust to include this special needs trust. If the attorney she sees doesn't know what this is (many don't) or tries to talk her into leaving the money elsewhere, find another attorney who can explain the special needs option.
Also, your mother and father may want to see an elder law attorney to see if anything can be done to protect some or all of their assets from Medi-Cal reimbursement.
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