Legal Question in Wills and Trusts in Washington

inheriting money without loosing much needed elderly health benefits

My Dad will be inhriting some money from his recently

deceased brother. We are expection the amount to be

between 15K and 50K. Dad is 72 years old. He is

considering turning down the money and allowing the

other 6 heirs to split his portion because he is

concerned about losing the government benefits he

recieves for himself and my mother. This would be a

very hard desision because Dad and Mom have always

been very low income. Dad gets VA medical care and

some assistance from a low income insurance ''spend

down'' system for his progressive Parkinson's

Desease and diabetes. He is mostly concerned with

my mother though. Mom is covered under the COPES

program here in Wa. for her Ahlzeimer's desease. She

will need long term care before long. COPES will cover

this. Is there a way that Dad can still inserit this without

losing assistance...put directly into a trust or

something? It would be nice for him to have such

money as a ''back-up'' plan for their eventually severe

conditions. -Thanks


Asked on 9/21/03, 6:32 pm

1 Answer from Attorneys

Bruce Busch Bruce R. Busch, Attorney at Law

Re: inheriting money without loosing much needed elderly health benefits

WAY too complicated a question to answer here. and more facts are needed. But in a nutshell there may be a way to receive the money and then gift some of it while using some of it to pay expenses until he falls back unter the limit. Or his assets may permit him to keep all of it. But it depends on so many factors that it would be WELL worth the expense of a consultation to sit down with an elder law attorney to discuss the matter before either accepting or disclaiming his interest in the estate.

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Answered on 9/23/03, 3:44 pm


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