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willowtree561 Asked April 2014

I'm on disability and Mom's leaving me her house in her will in Florida. Will Medicaid be able to seize my asset?

igloo572 Apr 2014
Jeanne is spot on on you being able to inherit the house.

See an attorney to find out what they do with the house. They likely can establish a special needs trust for you that will not affect your Medicaid status. I'd look for one who is a disability specialist rather than elder law attorney. If you have a national support group - like Leukemia & lymphomas Society or Multiple Sclorocis Organization, I bet they have a short list of attorneys who understand special needs in your region too - so look into that for names.

The will probably will need a codicil done to have it done for the new name of the trust. My cousin has a special needs trust with significant asset base and is on Medicaid - they can & do co-exist if done properly. He had polio as a child and disabled from it since then although he is totally competent & cognitive but physically is very limited. I & his brother are trustee's although he totally self-directs it because he mentally can do this. The trust is great as it pays things that Medicaid won't or pays for only low-cost versions. He got his car totally retro-fitted for his driving & a very specialized hoist in his bedroom which the trust paid for. Now upon his death, if there are funds left then the beneficiary is the state but really you likely can plan to spend down the trust before that happens. Good luck.

jeannegibbs Apr 2014
An insurance policy is very different than a house, in Medicaid rules.

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pamstegma Apr 2014
OH I KNOW. This is the reason my father left nothing to my sister in a group home. She is on Medicaid. "The state would take it all" he said. Even her life insurance! He took the policy from his ownership to my name. He was right!

jeannegibbs Apr 2014
You and Mom should consult an attorney well-versed in Medicaid rules in Florida. The home is except from Medicaid Recovery when there is a disabled adult child. So I doubt that Medicaid will be able to seize Ma's asset to repay her benefits, BUT I don't know how inheriting a house would impact your disability benefits. Consulting an attorney to have things set up to go most smoothly will be worth the fee.

pamstegma Apr 2014
OH NO, don't inherit anything! Medicaid WILL lien on your inheritance. She should leave it to someone who is NOT on public assistance or bye bye.

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