Legal Question in Elder Law in New Hampshire
Life Insurance Policy
I am the designated beneficiary on my aunt's life insurance policy, but she is in a nursing home and the state of NH sends her social security check and small pension to the nursing home because she is on medicaid. She owns no property and has no bank accounts.
The NH Dept. of Welfare and Human Services wants to know if my aunt has a life insurance policy and if she does, they want the policy no.
Question:
''Does the State have the right to all monies from this policy after my aunt is deceased? If yes, don't I have the right to keep some of the money for her burial?
1 Answer from Attorneys
Re: Life Insurance Policy
The Medicaid agencies in all states have the right to recover their expenditures from the probate estates of deceased beneficiaries. If you are the named beneficiary on her life insurance policy, then the proceeds will not be in your aunts probate estate. I do not know if New Hampshire has expanded its estate recovery beyond the probate estate, or what expenditures it allows before making a claim. You need to consult with a New Hampshire elder law attorney. You may find one at www.elderlawanswers.com.
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