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My sister and I inherited $75K in old savings bonds from our dad who died over 15 years ago. There was no will or executor of estate she had nothing. My sister is in California and has always been poor. She is getting cancer treatments from Medicaid and other California issued services. Our issue is this. If we cash the bonds and her half goes to her, will the State of California know she received this income and will they make her pay back Medicaid assistance? If so, if she moved to Texas for treatment first before receiving the bond money and becomes a resident, will she be able to skip being responsible for paying back any of this inheritance because Texas is a tax free state?

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Check with a lawyer. You shouldn't be getting legal advice from random people online.

Having said that. How old is your sister? If she's under 55 then she doesn't have to pay anything back for medicaid. If she's over 55 then she might. Is she in any form of long term care like a nursing home. Only long term care is recovered under expanded medicaid.

Regardless, what that infusion of money may do is bump your sister off medicaid. So it's best not to do it in one big clump. Do it partially ever year so that you sister stays under the medicaid income limit.

I'll leave aside the question of whether the bonds are in your name or your dad's name that someone asked. That's another can of worms.

As always, I'm clueless. None of this should be considered advice. I'm just rambling as I eat dinner. I don't even know what I am saying. What year is this?
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So just how did the bonds surface?
$ 75k total? & did you actually look them up on TreasuryDirect to determine the payout? & have you looked at the forms and documents required by TreasuryDirect in order to get the $? There’s like going to be forms that will have to be filled out with names, SS#. It’s all reportable.

but a more involved issue will be if they are in your dads name.
So are they in his name & he was TX resident?
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needtowashhair Mar 2019
If a savings bond is in your name, it's easy to cash out. Just go to a bank and cash it like you would a check. It's that easy. The twist here is that it's not in her name.
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I suspect from the wording that your sister made false statements on her Medicaid application by not listing her ownership of the bonds; she has owned the bonds since your father's death 15 years ago. Whenever the bonds are cashed or even if they are not cashed, the bonds are an asset your sister needs to use for her care.

My understanding is that you cannot escape Medicaid recovery by skipping the state. Although the bond revenues may not be taxed in Texas, California still has a right to recoup any monies it can against what it has spent on your sister's care. You really need to consult an attorney or two (in the different states) but I know TN courts have ruled that Medicaid recovery can be made even from assets gifted in a will. Settle this right or you may find the state of California (and maybe the IRS) coming after you for tax evasion and/or fraud. You cannot legally cash the bonds in your name only and then either keep all the proceeds or sneak monies to your sister under the table.
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needtowashhair Mar 2019
There may not have been false statements. That's why I asked how old her sister is. If she's under expanded medicaid, they couldn't care less if she has those bonds or not. They never ask what your assets are. Like I've said before, you can be a billionaire and still qualify for expanded medicaid. Really, the only question they ask is what your yearly income will be. If it's under the income limit for medicaid, you qualify for medicaid. Many people who qualify for medicaid hate this. Since they rather qualify for the subsidized plans in Obamacare. But if your income is below the medicaid limit, even if you have a billion dollars in a savings account, you can't get the subsidized plans. Medicaid is your only option in the ACA.
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