Beverly J. White's Answers

My 96 yr old mom is in nursing home in FL. She currently meets Medicaid eligibility. What if her Soc Sec check incr over $2000mo

Since Mom is apparently a Florida resident, if her income increases to over $2094 per month, she will need a Qualified Income Trust to protect her eligibility. also the amount she owes to the Nursing Home will go up accordingly. Her assets need to be at or below $2,000 at least one day out of every calendar month. Assets are different from Income. Income is the amount she receives on a regular basis, e.g. monthly, from Social Security, Pension etc.

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Can my mom receive medicaid benefit in Fl regardless of my sister assets ?she has Medical since 6 years and 5 years green card.

It is impossible without more information to say whether she would be qualified right now for Florida Medicaid or not. Each state's rules are a little different and each person's situation is different from the next person. I would recommend that you call an Elder Law Attorney in your area and set up a consultation to go over the facts of your mother's situation and get advice on what if anything you might have to do to get her eligible. It is far worse ( and more costly)to try it yourself...

There seems to be no will. However, settlements have been made, but not correctly in my opinion. I am the Grandson.

Your situation is a perfect example of why having a Will is so important. A person's wishes are only required to be followed after their death if they put those wishes concerning who gets what into a validly written and executed Will ( and/or a Trust). Even with a valid Will there is no requirement of "fairness". It is commonplace that the family caregivers for a deceased person get no more and sometimes less under a Will than those family members who did nothing for the deceased. You can...