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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36226
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I have a question regarding an estate where the beneficiary is a Medicaid long term care r

Customer Question

I have a question regarding an estate where the beneficiary is a Medicaid long term care recipient. My grandfather passed away and was the at-home spouse. He left everything to his wife who is on Medicaid in a nursing home. The executor of the Will is his daughter. She is also POA for his wife as she has Dementia. The estate is in probate and assets are being sold. Is it possible to leave the estate open for a long period of time to avoid the disbursement of funds to his wife? The money will just go directly to the nursing home and she will be ineligible for Medicaid. Also, how is the POA compensated? Would she be considered a creditor to the estate?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Is it possible to leave the estate open for a long period of time to avoid the disbursement of funds to his wife?
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This might be possible, but it is more likely that the probate court judge would issue a "show cause" order after a period of time that the probate case is inactive to compel the executor to appear and explain what the delay is in settling the estate. If there is no outstanding debts and the purpose is only to delay, then the judge would likely enter an order for the executor to proceed to settle the estate by a certain deadline under threat of contempt of court.
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If Medicaid is also aware of the status of the estate, then they can file a "creditor claim" against the eventual inheritance as a lien on it.
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As for the POA, unless the actual written POA document provided for compensation, then there is no statutory provision for a POA to be compensated for their actions. A POA has no legal duty to act, only the authority to act if they choose to do so, so they aren't normally compensated like an executor or Administrator of an estate is by statute.
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I realize that this is a lousy outcome and I have a big problem with the state of Medicaid where someone can save all their lives and then be forced to spend their life savings in their last few years on their care.
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But apparently the legislators, who receive platinum health care at the taxpayers cost for life, disagree with my feelings on the matter.
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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...
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thanks
Barrister