Medicare and Inheritance
My wifes grandmother is in a nursing home. The cost of the home is being subsidised by Medicare. Her grandmother is named in the will of her now deceased sister. Since there are rules regarding the amount of money that her grandfather can have, will the government attach their rights to the inheritance which is due for disbursment within the year. Her grandmother will probably not make it too much longer. Is there a way to escape the governement (Medicare) from taking the inheritance?
Thank you.
1 Answer from Attorneys
Re: Medicare and Inheritance
If the estate disbursement comes while your wife's grandmother is alive, she can probably transfer it over to her husband without much problem. If it comes after she dies and is payable to the state, it may be subject to claim for reimbursement of Medicaid expenditures made on her behalf. However, if the executor of her sister's estate is willing to make the payments directly to your wife's grandfather, this estate recovery claim may be avoided.
For a more definitive response, consult with a Georgia elder law attorney. If you need assistance in locating one, check out www.elderlawanswers.com.
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