Legal Question in Wills and Trusts in New York

How to be a beneficiary when on medicaid

My father wants me to be beneficiary on his will. I am recieving Medicaid and will need to continue to do so. How can we have a will written up that will allow me to inherit his estate & insurance policies without medicaid trying to recapture past & current monies owed?


Asked on 1/04/02, 4:11 pm

1 Answer from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: How to be a beneficiary when on medicaid

You need to consult an attorney who is familiar with the "special needs trust." From the facts you provided I cannot tell if a special needs trust would be helpful to you, but if you and your father have a consultation with a qualified estate planning attorney, s/he will be able to tell you.

A special needs trust is a type of trust which allows a person receiving government aid, like medicaid, to inherit without losing eligibilty.

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Answered on 1/07/02, 8:33 am


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