If happens if my mother is in a nursing home paid for by Medicaid and my father recently passed away and we received a $10,000 life insurance payment?

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If happens if my mother is in a nursing home paid for by Medicaid and my father recently passed away and we received a $10,000 life insurance payment?

Is there a way to gift that money to the children without it going to the nursing home?

Asked on July 31, 2014 under Estate Planning, South Dakota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am sure that you are asking this becuase you know that Medicaid has strict income and resource limits, so an inheritance can make a Medicaid recipient ineligible for Medicaid. An inheritance will be counted as income in the month it is received. While there are ways to "spend down" the money, you will need to discuss your particular circumstances with a lawyer in your area. She may be able to give it to a spouse, a child with special needs, or the child's special needs trust. But the liklihood is that the nursing home will have to be paid with it that first month (at the Medicaid rate). She may also pre-pay an irrevocable funeral contract or buy burial items for a close relative. If properly spent down she will be eligible the next month for Medicaid. 


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