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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37666
Experience:  Texas lawyer for 30 years in Estate law
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My father passed away in 2007, my mother is now suffering from

Customer Question

my father passed away in 2007, my mother is now suffering from Alzheimer’s and she is a ward of the state. I just received a letter from an Attorney stating that she filed and asbestos claim in 2008 and requesting I sign Waiver of right to Administer. is this something that I should sign. I contacted the attorney and he says it is just so he can okay the settlement. I just need to make sure that this settlement go to my mother for her care until she passes.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Here you need to make sure that the lawyer has set up a Master Pooled Trust or Special Needs Trust to receive the payment.In order for it to be exempted as a resource the funds need to be paid into this kind of trust.Otherwise the state would disqualify mother from medicaid.
The MPT is usually a simpler cheaper Trust , it is one that has already been approved and you have a sub account like a savings account and the funds are paid into it.
As long as there is a SNT here of some kind be it a MPT or just a regular SNT funds are exempt as a resource.You need to call the lawyer and make sure he has made such arrangements or will set it up prior to any payments being received.
MPTs for Ohio, you can call them about setting up an account its pretty simple.
All of these are MPTs and can set up the Trust Account you need here and the funds can then be paid to them.
I would hope your lawyer has done this and explained to you the need to shelter funds but you never know.If she just receives funds it may make her ineligible until she "spends down" the funds which would be self defeating here, you want them sheltered for her needs above medicaid here.
It is totally critical that she not cash the check here and deposit into any regular account.Rather the funds are paid directly to the trust so that they are not counted for eligibility.
Good summary of what a MPT is here.
These are the simplest trusts to set up and keep her medicaid.They are premade and do not require a lawyer to prepare them.They work fine for cash settlements in most cases.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Expert:  RayAnswers replied 1 year ago.
Sheila if you can leave a positive rating it is always much appreciated.Let me know if you have more followup.

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