Legal Question in Elder Law in Massachusetts

MEdicaid eligilbiliy

I am 90 years old and was just told I was going to inherit some money. If I rejected it in favor of my son would it impact my medicaid eligibility, or would it be included in the 5 year eligibility look back


Asked on 6/27/07, 11:30 am

2 Answers from Attorneys

Alexandra Golden Golden Law Center

Re: MEdicaid eligilbiliy

Your disclaimer of the inheritance would be treated as a disqualifying transfer by MassHealth, and will come back to bite you if you apply for nursing home coverage in the next five years.

I have been practicing elder law since 1998, and would be pleased to discuss with you ways you can manage these funds while minimizing the risk of incurring MassHealth penalties.

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Answered on 6/27/07, 11:52 am
Denise Leydon Harvey Harvey Law Offices

Re: MEdicaid eligilbiliy

If you declined your inheritance in favor of your son, it would still be considered a disqualifying transfer and would result in the application of a penalty.

The factors you should consider are whether you are on medicaid already, what the size of the inheritance would be, and what the resulting penalty would be.

Our office specializes in eler law and would be happy to assist you if you need help.

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Answered on 6/27/07, 3:44 pm


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