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If I inherit a rental property while on Medicaid is that a criminal problem or do I just lose Medicaid eligibility?

Massillon, OH |

I've been on Medicaid due to a disability for nearly 20 years. I'm on SSI and also receive a 40percent service-connected disability check from the VA. In short Medicaid coverage is more needed than keeping the rental property if I must choose between the two.

Attorney Answers 3


A rental property will almost certainly be a countable resource for SSI purposes. SSI will be terminated effect in Month 3 when the property is received and reported in Month 3. The only criminal connection might be the fraud charge if ownership is concealed. To learn whether you might qualify for Medicaid without SSI eligibility, consult with a local elder law attorney.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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If you inherit, that is an eligibility problem. If you refuse the inheritance, that may avoid the eligibility issue. It only becomes a criminal problem if you accept the inheritance and then do not timelyreport it to medicaid..

as my colleague suggested, talk to an elder law (or perhaps a legal aid) attorney in your area and see if they can help you through this.

Best of luck to you!

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

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It depends on what the asset is worth. You should see a trust attorney. The asset might be able to be converted to a trust where the asset can be distributed to you in amounts that do not reduce your eligibility.

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