Advice: Can Medicaid recover money bequeathed to estate, ie, after recipient dies?


My grandmother was named a distributee of a relative's will. My grandmother was on Medicaid before she died, and she died before the relative died. Can Medicaid recover the money? Both parties lived in New York.

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It would depend on how the will provides for the death of an heir and whether or not that share would then go to the other heirs. I.e., if there are, say, 3 heirs, and one predeceased the other, the will may provide that his/her share is then divided between the 2 remaining heirs.

Or, as FF suggests, a deceased heir's share may go to his/her offspring.

That's what I've seen the most in the Wills I've worked on.

A will could also provide that a deceased persons share be donated to a specific charity.

It all depends on how the individual had her/his will drafted, presumably and hopefully by an attorney.

You'll need to either read the will or have it reviewed by an attorney.

BlockLetters, this is something that one should check with an "Elder Law Attorney" in New York to see if any funds from the relative's Will were left now to your Grandmother's heirs, if that money now belongs to reimburse Medicaid.