Michael Robert Weinstein Santa Ana Estate Planning Attorney
Posted over 13 years ago.
Please excuse the typos, I prepared this comment in haste.
James P. Frederick Livonia Estate Planning Attorney
Posted over 13 years ago.
I agree with Mr. Weinstein. Medicare is not affected by inheritances. Medicaid would be. I also agree that Asker needs to see an attorney to make sure that the inheritance will not impact whatever government benefits Asker is receiving.
Paula Brown Sinclair Twin Falls Probate Attorney
Posted over 13 years ago.
It is not just clients and the lay public, Mr. Weinstein, who are confused by Medicare/Medicaid and SSDI/SSI; that confusion and lack of clarity in analysis extends to too many attorneys as well. I personally don't have a problem providing the public information on this site that Medicare benefits are not affected by an inheritance.
Michael Robert Weinstein Santa Ana Estate Planning Attorney
Posted over 13 years ago.
Unfortunately, many of the clients who visit my office for estate planning, probate, conservatorships or other probate court matters do not know the difference between Medicare and Medicaid I agree that under Medicare their would be not effect from the transfer or inheritance. However, until the distinction between the medical assistance is determined, the client should be given the information on both. In my California practice, MediCal (MedicAid) recipients are allowed a car and a house without effect to benefits as stated in my answer. I stick by my advice that the person posting the question see an attorney or Medicare advisor to determine their rights and risks and identify what coverage they are receiving. I add one last thought that the State of California recognizes that clients often do not recognize what medical coverage they receive and have made it a legal requirement that decedent's representatives report the death to the California Department of Health Care Services to determine if a claim is to be made by the State for Medicaid (MediCal) services.