Legal Question in Wills and Trusts in New York

Medicaid vs. inheritance and beneficiaries

Our father was on medicaid ,in a nursing home. At time of death had term life insurance policy with 4 beneficiaries. We are being notified by NYS that they can claim the life insurance to pay back medicaid for his nursingcare. Is this true.We already recieved letters from the insurance company stating the amounts left to us. If we recieve the amounts do we have to give it to nys?


Asked on 11/25/04, 1:56 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Medicaid vs. inheritance and beneficiaries

If he was the owner of the policy, there could be a lien against the policy for reimbursement. If the policy owner was someone else, even if the coverage was on your father's life, this might not be true. I would need more information on the policy ownership, if the ownership had been changed, when the change took place, and if he listed the policy on his Medicaid application. With this information I could give you a more direct answer.

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Answered on 11/26/04, 12:50 pm


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