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Non probate assets?

Williamsport, PA |

One parent deceased early december post 1 yr stage 4 lung cancer. This parent purchased life ins death benefit policies for individual children.This parent received med assistance. Surviving spouse also in nursing home w dementia, AND receiving med assist.
Question: Are these insurance payouts non probate assets? Would cashing these checks adversely effect med assist eligible for surviving spouse? Thank you

Attorney Answers 3


  1. Best answer

    They are non-probate assets as they are controlled by the contract with the insurance company not the will. It does not seem that they would impact medical assistance at least based on the facts you present.

    Hope this helps.

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  2. Q: Are these insurance payouts non probate assets?
    A: Yes.
    Q: Would cashing these checks adversely effect med assist eligible for surviving spouse?
    A: No.

    Very sorry for your loss, but hoping you had a merry Christmas!


  3. I'm assuming that if these policies were not term policies and had no cash value in excess of $1,500, they were listed on your dad's Medicaid application with the Pennsylvania Department of Public Welfare.

    Assuming that the above is true, my colleagues are correct. They are not probate assets and the kids' cashing the checks will not affect mom's eligibility.

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