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pisces Asked June 2014

Mom is in a NH and has life estate with her grandaughter. Can she write provisions for her grandaughter to pay for her funeral?

Mom has life estate with grandaughter (30 yr old) so when she dies grandaughter will get her home but can mom make provisions for grandaughter to pay for her funeral expenses from proceeds from home or refinance to pay for it. grandaughter has refinanced home many times in past and many times took out extra money and kept it.

Allene Jun 2014
I believe you can buy funeral plan while she is alive. In my state, funeral plan is an exempt asset for Medicaid . Insurance companies should know for NY purposes

pisces Jun 2014
I looked it up and to my surprise I learned alot. You have educated me and it would seem that NY can try to recoup from the life estate my mom has with her granddaughter, but seems to be some exceptions and dont know if they will be able to escape the arm of the new law. Her 30 yr old grandaughter or 60 yr old daughter might be able to squirm out of it somehow , but very interesting. thanx

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pamstegma Jun 2014
When I saw you live in NY, I said "UhOh". Guess what? In 2011 our legislature passed laws making life estates available to Medicaid recovery.
That's right, MERP will be showing up when mom dies and demanding their share. NO? don't believe me, go see an Estate Lawyer..
Don't kill me, we're in the same boat.

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