pb4uski
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Hi, I'm looking to see if any of our esteemed members have run into this or a similar situation and get some advice as background before we see an elder law attorney.
Auntie M recently died. Auntie M had been negligent in not updating her will. Her will leaves her residual estate to her sisters that survive her. All of Auntie M's sisters predeceased her other than Auntie S who has severe dementia (but other that that is in fine health for a 93 yo) and is in a nursing home. Auntie S is indigent as Medicaid pays for the nursing home.
In the normal course, my understanding is that once Auntie S receives her inheritance from Auntie M she will no longer qualify for Medicaid and would become a private pay patient until her inheritance is exhausted, at which point she would again be eligible for Medicaid.
I know that Auntie M would roll over in her grave if she knew that her hard earned savings is in effect going to the government (I realize that technically it is going to Auntie S and her nursing home but the net outcome is that the government is the beneficiary since they avoid having to pay fo Auntie S's nursing home for a period of time).
From what research I have done it would not do any good for Auntie S to renounce her inheritance because it would be deemed as a substantive gift to her heirs.
However, I am wondering if we should try to delay the settlement of Auntie M's estate for as long as possible so if Auntie S passes before Auntie M's estate is distributed then the estate would go to Auntie S's heirs instead of paying for her nursing home care. Any idea if we did this whether Medicaid would claim that Auntie S's inheritance was an asset as of the date Auntie M died rather than when Auntie M's estate was settled?
Auntie M recently died. Auntie M had been negligent in not updating her will. Her will leaves her residual estate to her sisters that survive her. All of Auntie M's sisters predeceased her other than Auntie S who has severe dementia (but other that that is in fine health for a 93 yo) and is in a nursing home. Auntie S is indigent as Medicaid pays for the nursing home.
In the normal course, my understanding is that once Auntie S receives her inheritance from Auntie M she will no longer qualify for Medicaid and would become a private pay patient until her inheritance is exhausted, at which point she would again be eligible for Medicaid.
I know that Auntie M would roll over in her grave if she knew that her hard earned savings is in effect going to the government (I realize that technically it is going to Auntie S and her nursing home but the net outcome is that the government is the beneficiary since they avoid having to pay fo Auntie S's nursing home for a period of time).
From what research I have done it would not do any good for Auntie S to renounce her inheritance because it would be deemed as a substantive gift to her heirs.
However, I am wondering if we should try to delay the settlement of Auntie M's estate for as long as possible so if Auntie S passes before Auntie M's estate is distributed then the estate would go to Auntie S's heirs instead of paying for her nursing home care. Any idea if we did this whether Medicaid would claim that Auntie S's inheritance was an asset as of the date Auntie M died rather than when Auntie M's estate was settled?
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