My father wants to will me his house and his truck . 10K is owed on the truck and his property is worth around 20k . If he leaves it to me will my Medicare benefits be affected . I plan to sell the property and pay off the truck and do emergency repairs that need to be done to my house that I cannot currently afford .
Social Security Lawyers
Mr. Frederick and Mr. Weinstein may have missed your statement that you are on Social Security disability and have been in pay status long enough to qualify for Medicare. That eligibility will NOT be affected by an inheritance or any other financial good fortune. Social Security and Medicare are insurance programs for which you have paid premiums through payroll taxes. They are often confused (even by attorneys who should know better) with Supplemental Security Income (SSI) and Medicaid, both means-tested welfare programs with similar medical qualification criteria and also managed by the Social Security Administration.
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I THINK what you are saying is that you receive MediCAID. Medicare is not needs based and would not be effected by an inheritance. Medicaid, on the other hand, would. One option might be a special needs trust. Your father really needs to see an elder law attorney to make sure that his estate plan is properly set up.
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I agree with attorney Fredericks' answer but would like to add some additional suggestions. The Medicaid rules vary from State to State so you really need to see an attorney with experience in this area of law in your State. Usually Medicaid recipients are allowed a car, a house and a certain amount of money. So, if you we're to receive your father's car and house it may not affect your eligibility for Medicaid. However, any cash or liquid assets over the allowance for cash may probable stop your benefits until you spend the cash on your health care. See an attorney or counselor familiar with Medicare in your State.
Nothing contained in the information on this web site is to be considered as the rendering of legal advice for specific cases and readers are responsible for obtaining such advice from their own legal counsel. This web site is intended for educational purposes only. Michael R. Weinstein, is licensed to practice only before the courts of the State of California, and is admitted to practice before the United States District Court for the Central District and the United States Cou rt of Appeal for the Ninth Circuit. No information contained herein is to be considered applicable to legal matters in domestic or foreign jurisdictions outside of the State of California.
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