QUESTION
can a medi medi recipient execute a deed of variation on a family will to there child so as not to risk loss of insurance
Asked on Sep 18th, 2017 on Wills and Probate - California
More details to this question:
my mother is on medi medi in California, recently my grandfather passed away and she decided that since here receiving the money puts her insurance at risk she would let it pass to me. Im just trying to make sure there is no risk of legal backlash for her or myself
2 ANSWERS
3 Awards
As Mr. Price said, disclaiming a gift will put her Medi-Cal at risk. Disclaiming a gift (letting it pass to the next generation) is considered to be exactly the same as receiving the gift and then giving it away. She must not do this.
She can receive the inheritance if she has a first party special needs trust set up by an attorney. If she is 65 or older, her only choice would be to join a pooled special needs trust. Unfortunately, on her death Medi-Cal will get paid back for care they have provided. Please urge her to immediately meet with an attorney who specializes in crafting special needs trusts.
Answered on Oct 09th, 2017 at 5:06 PM
Estate Litigation Attorney serving Redlands, CA
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A gift of her house during her lifetime can make her ineligible for Medi-Cal. Please be careful and consult with an attorney.
Answered on Oct 06th, 2017 at 6:46 PM