Expert Advice When You Need It Most

Is the county entitled to life insurance monies if insured was on medicaid

my father recently passed and in contacting his benefits dept.where he retired i found he has a life insurance policy. being a recipient of medicaid while in the nursing home does the county have a right to the money, or even any deptors out there, or are insurance policies exempt as part of his estate?

Save

Attorney answers (1)

Reputation Level 8
In New York, Medicaid has a right to recover only against the probate estate of the decedent. If the beneficiary designation is to anyone other than the estate of the decedent, than that will pass to the beneficiary by showing a death certificate. This will not become part of the probate estaet, and therefore not recoverable by Medicaid.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now