Legal Question in Wills and Trusts in New York
My mother has been receiving Medicaid, as she is living on SS and has very little income. Currently she is inheriting some money. This will, I assume make her ineligible for Medicaid. If she goes off and gets private pay coverage is she responsible to pay back to Medicaid? How can she protect her inheritance?
2 Answers from Attorneys
Yes, she will have a period of ineligibility. Depending on the inheritance, she may be able to purchase Medicaid compliant products, or perhaps a Medicaid compliant trust. This is highly technical, and fact specific.
Dave
http://nylegaladvisor.com
You assume wrong - your mom could keep her Medicaid coverage. She needs to do some Medicaid planning as soon as possible! Depending on her health and age, she may be able to save her entire inheritance, or at a minimum over 50%!
There are various considerations to make, and I strongly advise you consult with an experienced elder law attorney who has experience in Medicaid planning. BE CAREFUL! The wrong kinds of gifts or transfers can cost a LOT of money!
In answer to your question, if Mom goes off Medicaid, she is not responsible to pay back the costs that Medicaid expended on her because she did not have those resources available at the time she was receiving Medicaid.
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