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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36215
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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A client of mine passed away last and left me $90000 I am on

Customer Question

Hello There, a client of mine passed away last and left me $90000 I am on Medical and have renal failure am on dialyses. What is the best way to receive this gift? Better to change to Medicare? Or? I don't have the money yet, but can set up a bankacc. to receive it. I understand with Medical one is only allowed to have 2000. How will it affect my Medical and what is the best way.
Would love your input, thank you, M
Submitted: 10 months ago.
Category: Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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If you receive an inheritance, then you have to report it to MediCal because it is a "countable asset" that would make you ineligible to receive benefits until it is spent down so you only have $2K in assets. MediCal is a poverty based program, so the rules won't allow you to inherit a large sum of money and still have the state pay for your care.

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It could have been shielded if a Special Needs Trust was set up and the money left to it, but since that wasn't done, it is too late to do so now.

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There is always a chance that they wouldn't catch it, but if they did, they would disqualify you from receiving benefits and penalize you for MediCal fraud...

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The only other option would be to accept the inheritance, notify MediCal and then spend it down on exempt expenses, like preexisting debts on things like a car, mortgage, credit cards, etc. before the next month so that it wouldn't affect your benefits.

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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