Inheritance and Medicaid in NY

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Latest post Mon, Feb 20 2012 8:00 AM by Drew. 15 replies.
  • Sun, Feb 19 2012 9:37 PM

    • Ridgebay
      Consumer
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    • Joined on Sat, Jun 16 2007
    • NY
    • Posts 18

    Inheritance and Medicaid in NY

    What if anything, can I do to safeguard an inheritance to a relative (cousin)?

     

    Some years ago, my first cousin passed away with no parents or grandparents alive, no spouse alive and no issue.

    We, the family, contested the Will and said Will was tossed (death bed Will-faulty Will -coercion).

    Now it comes down to the family as per intestate laws.

    Within our family is a beloved first cousin who is on Medicaid and who resides in a nursing home.

    Her home jointly owned by yourself and her former husband has had the deed transferred from her name to her daughter's name who had lived and continues to live in said home for decades.  Deed is now in the daughter and former husband's name.

     

    Kinship hearing in a month's time.  No problems there but how can we, the rest of the family, safeguard our cousin's inheritance? 

    Many thanks for all and any responses.

     

     

     

     

     

  • Sun, Feb 19 2012 9:50 PM In reply to

    Re: Inheritance and Medicaid in NY

    Ridgebay:
    how can we, the rest of the family, safeguard our cousin's inheritance? 

    You can't.

    You can find this kind of information all over the internet:

    • Effect of Inheritance by Medicaid Recipient on Eligibility

      A. Medicaid Recipient Becomes Beneficiary of an Estate

      1. Property in probate is treated as an inaccessible resource. Therefore, merely acquiring the status of beneficiary would not render a Medicaid recipient ineligible.

      2. Distribution of the inheritance would render the individual ineligible until the resource requirement was again met.

      3. If the distribution is not made to the individual and the individual dies while receiving Medicaid benefits, the prospective inheritance becomes subject to the Medicaid lien as a probate asset.

      4. A disclaimer by the potential Medicaid recipient is treated as a transfer and will result in ineligibility.

    Medicaid's got it coming and going.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sun, Feb 19 2012 9:54 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,206

    Re: Inheritance and Medicaid in NY

    Adjuster Jack is right, it is too late to  do anything now, and even if you could, Medicaid would take it from her estate when she died.

    But think about this. Why should we (the taxpayers) pay for your cousins medical care when she will shortly have the money to pay for it herself?  this is why medicare and medicaid are going broke.

  • Sun, Feb 19 2012 9:58 PM In reply to

    Re: Inheritance and Medicaid in NY

    Medicaid is paid for by tax payers and the system is totally broke. There is no way to safeguard the inheritance since tax payers are paying for the nursing home. Why would you think otherwise?

  • Sun, Feb 19 2012 10:17 PM In reply to

    • Ridgebay
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    • Joined on Sat, Jun 16 2007
    • NY
    • Posts 18

    Re: Inheritance and Medicaid in NY

    I agree with you yes and no.  My cousin worked hard all of her life and paid taxes and never asked for a thing.  She always pulled her own weight.

    She paid into social security and medicaid.  Currently, Medicaid and the Nursing home is taking her pension, her Social Security, her IRA, and $900 a month from her former spouse (court order degree at their divorce 30 years ago-yes, they should have amended same through court order but they did not).

    You all who say the taxpayers are paying for Medicaid fail to realize that the taxpayers before you paid for all of this through their earnings.  My cousin paid for years and years and so have I and I still do so.

    My strongest advice to her daughter is to take her mother home and get Medicaid out of the picture. 

    Again, please don't start preaching out the taxpayers paying for a woman such as my cousin.  She was no deadbeat--she paid in -a lot throughout her years.

     

     

    But I digress.

     

     

     

  • Sun, Feb 19 2012 10:20 PM In reply to

    • Ridgebay
      Consumer
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    • Joined on Sat, Jun 16 2007
    • NY
    • Posts 18

    Re: Inheritance and Medicaid in NY

    Sorry for the anger but please get off of your high horses in this, you all (except Adjuster Jack who has always had a keen insight) must be very young or very ignorant to think that people before you did not contribute to the system and are NOT deadbeats.

  • Sun, Feb 19 2012 10:27 PM In reply to

    • Ridgebay
      Consumer
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    • Joined on Sat, Jun 16 2007
    • NY
    • Posts 18

    Re: Inheritance and Medicaid in NY

    Docar,

     

     If you are indeed an attorney, you would certainly not be an attorney I would address in this issue.

     

  • Sun, Feb 19 2012 10:40 PM In reply to

    • Ridgebay
      Consumer
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    • Joined on Sat, Jun 16 2007
    • NY
    • Posts 18

    Re: Inheritance and Medicaid in NY

    Thanks for the advice , Jack.  I had thought, perhaps, if my cousin had disowned her stake in the inheritance to us, the other family members, that we might be able to safeguard same for her children or grandchildren.  But I did know, that that was a fool's quest.

    I will speak again to her daughter about bringing her mother home.  It won't be easy as my cousin does need constant care and said daughter works two jobs as it is. 

    But perish the thought that our family takes anything away from the taxpayers!!! Of which my hardworking cousin was one and as we all, the cousins and her children still are.

    Gee, can I refuse to pay into these programs as a tax payer?  No, of course I can not.  But when I or mine need such programs, we can not benefit from same............

     

     

     

     

     

     

  • Sun, Feb 19 2012 11:28 PM In reply to

    • Ridgebay
      Consumer
    • Not Ranked
    • Joined on Sat, Jun 16 2007
    • NY
    • Posts 18

    Re: Inheritance and Medicaid in NY

    Docar,

     I don't believe you are paid to be a part of this forum, rather you probably advertise your sevices on said forum and contribute as an attorney on the boards.

    However, I take great issue in the fact that you have offered a subjective opinion, as an attorney, on this website.

    I see you are in Florida.  I will contact the moderator of this board and if necessary the Florida Bar to report your flippant subjective opinions. 

    I believe your role here is to quote the law and not to add subjective opinions.

     

     

  • Sun, Feb 19 2012 11:45 PM In reply to

    Re: Inheritance and Medicaid in NY

    Ridgebay:

    You all who say the taxpayers are paying for Medicaid fail to realize that the taxpayers before you paid for all of this through their earnings.  My cousin paid for years and years and so have I and I still do so.

    No.

    You are failing to understand the difference between Medicare and Medicaid.

    Medicare you pay into with your Social Security withholding and you're entitled to your own coverage the health benefits. You get to use what you've paid for.

    Unfortunately, if you cannot afford the care that is excluded from Medicare, you go on Medicaid, which is like being on welfare. Medicaid is supported by all taxpayers for the benefit of the few who need it. And those who need it are required to be poor to get it, just like welfare, food stamps, etc.

    That's overly simplified, of course. Perhaps somebody else can explain it better.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sun, Feb 19 2012 11:48 PM In reply to

    • Ridgebay
      Consumer
    • Not Ranked
    • Joined on Sat, Jun 16 2007
    • NY
    • Posts 18

    Re: Inheritance and Medicaid in NY

    ah, yes, I see your meaning.  But did not all of us pay into Medicaid (welfare) etc from our taxes?

     

    I understand that it is a fine line but one who worked all of her years and paid taxes, certainly contributed to same.

  • Sun, Feb 19 2012 11:52 PM In reply to

    • Ridgebay
      Consumer
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    • Joined on Sat, Jun 16 2007
    • NY
    • Posts 18

    Re: Inheritance and Medicaid in NY

    I do understand that should my cousin inherit that she would have to pay her own way. She has always paid her own way.  When she was put on Medicaid there were no funds available.

     

    So, I will advise her daughter to bring her mother home, should said daughter wish to inherit from her mother's cousin (my cousin as well).

     

    This will probably not happen as her mother needs a great deal of care.

     

    But it will be what I advise.

     

    I do understand the distinction between social security and medicad but taxes are taxes.

     

     

     

     

  • Sun, Feb 19 2012 11:57 PM In reply to

    • Ridgebay
      Consumer
    • Not Ranked
    • Joined on Sat, Jun 16 2007
    • NY
    • Posts 18

    Re: Inheritance and Medicaid in NY

    This is perhaps a bigger issue that neither I nor you can tackle at this point. 

    But I do understand the law and I will work with that.

    What I resent in this particular forum (Jack excluded) is those who pontificate.

    No worries.

     

  • Mon, Feb 20 2012 3:21 AM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,206

    Re: Inheritance and Medicaid in NY

    I am not paid to be a part of this forum, in fact I am retired.  I am entitled to give my opinion just as anybody else.  I am sorry you disapproved of my opinion, but don't shoot the messenger.  I appologize if I offended you.  But I have paid in my taxes as well.  They pay for many things I do not directly benefit from and will never benefit from.  and I do nor\t resent the fact that the military gets to use VA hospitals paid for by my taxes, and I do not.  Or that I have to pay to go into a National Park, paid for by my taxes.  Or that my taxes support a museum in North Dakota, that I will never visit.  But I do resent what appears to be somebody trying to game the system.  and again I appologize if that was not your intent.

  • Mon, Feb 20 2012 7:57 AM In reply to

    Re: Inheritance and Medicaid in NY

    Ridgebay:

    ah, yes, I see your meaning.  But did not all of us pay into Medicaid (welfare) etc from our taxes?

    I understand that it is a fine line but one who worked all of her years and paid taxes, certainly contributed to same.

    That's true.

    And I'm sympathetic to the resentment and share it to some extent. Taxpayer money to bail out banks that, in turn, did virtually nothing for the consumer while bank executives pocketed millions. In my own family my father died of malpractice and when the case was settled Medicaid took a big piece of it as reimbursement for benefits paid. Now I take advantage of benefits available to seniors and veterans and get a little annoyed when there are some that I just miss qualifying for because my income includes IRA distributions, money that I earned years ago but is considered current income.

    One of the fundamental tenets of our society is that the "haves" take care of the "have nots." As flawed as the system tends to be, I wouldn't have it any other way.

    As for your reaction to the comments of our volunteers, try to keep in mind that we are here to help but, we are here every day, often reading the same problems over and over again and providing the same answers to people who are seeing those answers for the first time. Sometimes we (including me) get a little pedantic, sometimes self-righteous, sometimes sarcastic, sometimes annoying, and our answers are often what people don't want to read and we get slammed for it. We keep coming back, though.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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