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I am on social security disability and I receive Medicare . I am wondering if I will lose my Medicare eligibility if I inherit

Winfield, KS |

My father wants to will me his house and his truck . 10K is owed on the truck and his property is worth around 20k . If he leaves it to me will my Medicare benefits be affected . I plan to sell the property and pay off the truck and do emergency repairs that need to be done to my house that I cannot currently afford .

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Attorney answers 3

Best Answer
Posted

Mr. Frederick and Mr. Weinstein may have missed your statement that you are on Social Security disability and have been in pay status long enough to qualify for Medicare. That eligibility will NOT be affected by an inheritance or any other financial good fortune. Social Security and Medicare are insurance programs for which you have paid premiums through payroll taxes. They are often confused (even by attorneys who should know better) with Supplemental Security Income (SSI) and Medicaid, both means-tested welfare programs with similar medical qualification criteria and also managed by the Social Security Administration.

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.

Michael Robert Weinstein

Michael Robert Weinstein

Posted

Unfortunately, many of the clients who visit my office for estate planning, probate, conservatorships or other probate court matters do not know the difference between Medicare and Medicaid I agree that under Medicare their would be not effect from the transfer or inheritance. However, until the distinction between the medical assistance is determined, the client should be given the information on both. In my California practice, MediCal (MedicAid) recipients are allowed a car and a house without effect to benefits as stated in my answer. I stick by my advice that the person posting the question see an attorney or Medicare advisor to determine their rights and risks and identify what coverage they are receiving. I add one last thought that the State of California recognizes that clients often do not recognize what medical coverage they receive and have made it a legal requirement that decedent's representatives report the death to the California Department of Health Care Services to determine if a claim is to be made by the State for Medicaid (MediCal) services.

Michael Robert Weinstein

Michael Robert Weinstein

Posted

Please excuse the typos, I prepared this comment in haste.

James P. Frederick

James P. Frederick

Posted

I agree with Mr. Weinstein. Medicare is not affected by inheritances. Medicaid would be. I also agree that Asker needs to see an attorney to make sure that the inheritance will not impact whatever government benefits Asker is receiving.

Paula Brown Sinclair

Paula Brown Sinclair

Posted

It is not just clients and the lay public, Mr. Weinstein, who are confused by Medicare/Medicaid and SSDI/SSI; that confusion and lack of clarity in analysis extends to too many attorneys as well. I personally don't have a problem providing the public information on this site that Medicare benefits are not affected by an inheritance.

Posted

I THINK what you are saying is that you receive MediCAID. Medicare is not needs based and would not be effected by an inheritance. Medicaid, on the other hand, would. One option might be a special needs trust. Your father really needs to see an elder law attorney to make sure that his estate plan is properly set up.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Posted

I agree with attorney Fredericks' answer but would like to add some additional suggestions. The Medicaid rules vary from State to State so you really need to see an attorney with experience in this area of law in your State. Usually Medicaid recipients are allowed a car, a house and a certain amount of money. So, if you we're to receive your father's car and house it may not affect your eligibility for Medicaid. However, any cash or liquid assets over the allowance for cash may probable stop your benefits until you spend the cash on your health care. See an attorney or counselor familiar with Medicare in your State.

Nothing contained in the information on this web site is to be considered as the rendering of legal advice for specific cases and readers are responsible for obtaining such advice from their own legal counsel. This web site is intended for educational purposes only. Michael R. Weinstein, is licensed to practice only before the courts of the State of California, and is admitted to practice before the United States District Court for the Central District and the United States Cou rt of Appeal for the Ninth Circuit. No information contained herein is to be considered applicable to legal matters in domestic or foreign jurisdictions outside of the State of California.

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