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ziegmar Asked January 2018

My husband had been in a nursing home for 38 years and has been on Medicaid since then. He stands to inherit money from a sibling. Can we let it bypass us and go to our children?

He was in a farm accident when he was 29. Now he (I as his guardian) stand to inherit money from a sibling. How will that affect us. Can we let that inheritance bypass us and go to our children?

balancedCaring Jan 2018
You DEFINITELY need to hire an Elder Lawyer to resolve this. I am sure there are ways to to this legally which will not endanger his Medicaid support. But only that type of lawyer can help you. It is well worth the funds you may pay him, if only for an hour of legal counseling.
Good luck!

Kimber166 Jan 2018
i would recommend the sibling not leaving the money to your DH as it would be considered income and fall under Medicaid rules. If the sibling is still alive - can s/he have your children inherit? I think this definitely is something that needs a lawyer to navigate. Good luck

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Isthisrealyreal Jan 2018
I would recommend legal counsel, you would not want to find out the hard way that you jeopardized his medicaid. Each state and sometimes even counties have there own rules and regulations, well worth the few hundred to get legal advise. I would also ask my local Medicaid contact if they could direct you to some resources to figure this out. Most are willing to help, but remember, it is their job to get as much money back to the system as possible, so grain of salt and legal counsel.
Good luck and I pray that you can get some of the money to do something nice for yourself, standing by your man for the last 38 years is to be saluted and commended.

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