Non probate assets?

Asked over 2 years ago - 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. Steven J. Fromm

    Contributor Level 20

    4

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    Answered . 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.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is
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    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more
  2. David L. Carrier

    Pro

    Contributor Level 18

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    1

    Answered . 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. Joseph M. Masiuk

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . 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.

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more

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