Will the nursing home take all my dad's money after he passed without a will?

Question

My mother has Alzheimer’s and is in a nursing home. They are using her social security money plus Medicaid to pay for her stay there.  My dad recently passed. He had no will, a little over $12,000 in the bank and I believe he had life insurance. I have POA of my mom’s medical and finances.  What happens now? Does all this go to mom?

Robert Long · Answer

From what you say, the nursing home has been paid in full all along. However, Medicaid may have a claim to the money in the bank, but I don't think it can assert a claim against the life insurance.

Frances Headley · Answer

It depends upon whether or not your mother is the beneficiary of those accounts.  If she is, then she inherits those funds and they must be used for her care.

Edwin K. Niles · Answer

Medicaid will have a lien against Dad's assets.

Ronald Nims · Answer

To answer the last part of the question first, his life insurance will be paid to the person(s) listed as beneficiary in the insurance company's records. Any money which your mother receives will be taken by Medicaid to reimburse them for her nursing home except $2,000.00.

Victor Waid · Answer

Is father's care home bill paid? If not then that money goes to the home. If paid, then who ever the beneficiary is on the account is entitled to the money.

Norman Green · Answer

Life insurance goes to whoever was named as beneficiary on the policy. Cash, if separate property goes partly to Mom and partly to you. If you are an only child, half-and-half. If two or more, Mom gets one-third; the other two-thirds to dad's issue, by right of representation. (If all children still living, they share equally.)

Brian Haggerty · Answer

Yes, it all goes to your Mom. In order for her to continue to qualify for Medicaid, you will have to spend it down within the month it's received. Talk to your mom's case worker about pre-paid burial, any hard goods she needs (bed, new walker, etc.) She can also make a voluntary repayment of Medicaid advanced to her, in order to keep her assets down to the point where she qualifies.

Christine James · Answer

Yes it goes to your mother, and it should be used to pay for her care.

Mark T. Peters · Answer

You need to check your state's statutes on intestate succession, but in all likelihood, the money goes to her.  You might set up a Miller trust so that the money can be used for your mother until she dies.  Then the remainder will go to Medicaid.  If she is the beneficiary of the life insurance, that money could go into the Miller trust as well.  Talk with a local elder law attorney to help you figure this out.

Thomas Edward Gates · Answer

Yes, all would go to your mother.  The life insurance will go to the identified beneficiary on the policy, likely your mom.  The bank account is likely tenants-in-common and belong to your mother.  They can attach the money to "repay" monies spent on her care.

James Frederick · Answer

In the absence of a Will, the money would go to your mother, unless the account is set up to pass otherwise. (For example, if the account were joint with you or you were named as beneficiary, then it would go to you.) This money will disqualify your mother from receiving Medicaid until it is spent down, unless you set up a special needs trust.

Dara J. Goldsmith · Answer

Your should meet with an elder law attorney with probate experience.  The monies will go to your mother but the question is how can that be down to not lose her benefits.  At the end of the day in Nevada the monies leftover will go to the State to pay Medicaid, but in the meantime you do not want her lose eligibility.  Without more facts it is impossible to address the insurance.  You need to act quick and hire an experienced elder law attorney.  Look for one who is a member of NAELA.  Good luck and do not wait!

Jayne Sebby · Answer

Check the intestacy laws of your state.  Usually, the deceased's assets go to the surviving spouse but sometimes adult children are entitled to part of the estate.  To be eligible for Medicaid, a person can have only a limited amount of money in their name.  So some of your mother's inheritance will like be used to cover the nursing home costs.  Once that money is gone, Medicaid will step back in.

Randall Romei · Answer

Since there is no Will, the assets in your father's estate will pass  to your mother and  divided amongst your father's children born to or adopted by him.  Expenses of the estate, including funeral and burial expenses, must be paid before the assets can be distributed.  The death benefit under the life insurance policy will go to the designated beneficiary.

Don Rosenberg · Answer

Probably will go to your mother and will become an asset that will disqualify her for Medicaid until the money is spent down.  You could spend it on funeral planning for her and burial space planning for her family or you could take steps to protect a significant portion of it.  You need to consult an elder law attorney ASAP.

John Brennan · Answer

Need more facts and details.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Will the nursing home take all my dad's money after he passed without a will?

16 ANSWERS

Find Local Estate Planning Lawyers

Helpful Resources

Ask a Lawyer