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Lhoffm12vinu Asked October 2014

Inheritance for child that recieved emergency Medicaid assistance as a minor?

My parents just finished making out their will. My daughter spent two weeks in the ICU last year after suffering from cardiac arrest. Florida medicaid paid the majority of the 100k bill. The attorney informed my parents that Medicaid would come after anything left to my daughter and myself when my parents pass. Is this true? I could picture this occuring if we were still on Medicaid when they passed, but it seems far fetched for a one time event.

igloo572 Oct 2014
My thought is SNT. Speak with your parents about doing a codicil to their wills to change the beneficiary. Total bother as they just recently did this but at least their attorney knows them! If your daughter has medical issues, the attorney will probably suggest that the beneficiary of their estate is a Special Needs Trust for your daughter. They can be set up so no issue for Medicaid. Trusts are their own legal entity so Medicaid can't come after it - it has no responsibility for her debt. Unless your parents estate has a ton of assets, eventually the trust will run out of $. It will defund, and that is actually good because if she dies before trust defunds, the state gets whats left (this is part of what makes it ok to be Medicaid compliant). You want to have a couple of trustees for it, like yourself and maybe a cousin who is closer in age of your daughter (if daughter is an adult). I have a cousin who had polio in 1950's, my aunt & uncle set up SNT for him, I & his brother are the trustees now that the parents are dead. He is totally cognitive, his issues are physical limitations so he can do whatever with trust funds, so we don't do anything but meet once a year to discuss $ as required in how trust set up. It will defund within the next 5 years is my guess as its not well invested in my opinion but right now is fabulous to pay for things that medicare or Medicaid won't. A SNT could be the way to go for your daughter for future needs. Good luck.

I2understand Oct 2014
i know for a fact that they go after every dime she will get. if you read your the paper work it let you know that they will take it. you signed that you will tell them when she get it. my sister { niece's age 12 mom} got changed in has a felony for not tell her child got money from my mom. my sister forgot about it because she was off of medicaid for three years. sorry for bad news but they told my sister if it was in trust i can't remember what kind it was she would not be here with a felony. i hope you find a way to keep the money for college or what ever she needs.

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sherry1anne Oct 2014
Have your parents put it in a revocable trust with themselves as beneficiary and you as trustee. Ask an attorney on this one. Don't take my word for it.

pamstegma Oct 2014
Generally, Medicaid does not go after payments made for someone under age 55. BUT if she is still on Medicaid, she has to declare the inheritance and spend it down until she re-qualifies for Medicaid.

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