Legal Question in Wills and Trusts in Florida

inheritance affects medicaid

My fiance' died in July with no will and my name is not on anything. His mother would be the successsive heir, but she is in a nursing home, her care paid for my Medicare and to top it off she is legally incompetent and her eldest daughter is her legal guardian. My fiance' had changed his life insurance to reflect me as his heir but all the paperwork was never completed so I am not recognized. Everyone is in agreement that I should inherit his estate, but we are unable to find a way to bypass the situation with his mom and Medicare. We don't want to jepordize her position at the nursing home.what can we do?


Asked on 10/27/03, 11:53 pm

1 Answer from Attorneys
Marie-Anne Oatley

Re: inheritance affects medicaid

According to your description of the facts, you cannot inherit from your fiance; his mother will. There are certain assets that are exempt from being taken into account for medicaid/medicare purposes. The guardian should consult an attorney to find out exactly what assets and to see how to best proceed. Good luck.

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Answered on 10/28/03, 8:11 am


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