Live in Texas, Husband has been on disability and Medicare since February 2015, started receiving Medicaid October 2016. His uncle passed without a will, now he is one of the heirs of the estate. His portion will be about $100k when all said and done. He did receive $15k already for emergency funds needed for health and home. Back taxes on our home and needed bathroom remodel to be able to take a shower. He has ALS a terminal illness that has left him completely immobile and on a ventilator and tube feed. We do receive 24 hours a week attendant care from the Medicaid services. But I (his wife) am his 24/7 primary caregiver. Is there anything we need to do to protect the money to use for things he needs Medicaid doesn't cover? Plus can we pay off our home with it?

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I'd suggest you contact the probate atty who is doing uncles estate and ask him / her for a NAELA atty referral. You want someone - imo - who probate guy knows & has a relationship with. I'd ask probate guy directly & not the excutor.

Your dad has already gotten 15k right? Well that was probably a mistake but it's done & it will have to be declared as income / asset to TX DHHS Medicaid. There will be documents done linked to dad & his SS # that will be filed with irs & probate court, so it will surface eventually. It could be that since its ALS the compliance for Medicaid are different & it's allowable if spent-out. ALS is special circumstances illness for Medicare & usually for Medicaid too, but what that exactly means is something for your NAELA atty to answer.

Oh abt probate situation, if the rest of the estate distribution can wait to be done till after you meet with elder law and come up with a plan (like for SNT) that would be ideal.This is something for your atty to discuss with probate guy and the executor. This is why you want the probate atty to give you a name as it will be an atty he know and respects enough to do a referral to. Sometimes distribution can flat just wait (I did this with an aunts estate I was executor of). Sometimes all heirs have to get their paperwork in before any distribution done...... so dad just waits to turn in till after the new elder law atty comes up with a do-able plan. Although the other heirs may be peeved off with the wait & your dad. Good luck and let us know what happens.
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You need to get an attorney experienced with Medicaid right now. They will be able to tell you if you can put some in a special needs trust or spend down on the house etc. Don't delay! You don't want to have a money spend down that disqualifies husband from Medicaid - but you also don't want to spend money in a way that isn't protected for him and you.
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