We are in the process of getting our estate planning done. If we die during upcoming travel will a do-it-yourself will suffice for the above situation?
First of all, there is little guarantee that a "do-it-yourself will" will do anything, even something as apparently simple as appointing a Personal Representative (the proper term in Idaho). Medicaid planning is a complicated process the requires consideration of a range of facts and circumstances. Be aware, however, there is nothing a Personal Representative can do to avoid a Medicaid Recovery claim. It will be a priority claim in the estate, and paid before other creditors as well as distribution to heirs and beneficiaries-- and the Personal Representative will have a fiduciary duty to pay the claim. For the assistance needed, retain local experienced elder law counsel, and be prepared to pay a reasonable fee for the valuable services.
As my colleague correctly stated: DIY wills are far from reliable and often are problematic if not outright inviable. My colleague is generally correct regarding the Medicaid Recovery and the power behind it. Essentially, the state is looking to recoup costs and it is allowed to jump to the head of the creditor line to get it. You will want to meet with an elder law attorney to discuss your issue.
Best of luck!
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