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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35836
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My grandma passed away last year and left an inheritance to

Customer Question

My grandma passed away last year and left an inheritance to my mom, my uncle, my aunt, and then some to all 5 of her grandkids. We just received the payout from my grandma's trust. My mom is now very ill with cancer and cannot manage her own affairs. She received a $79,000 check from the inheritance but cannot cash it as she is currently in the hospital on morphine to manage her pain. She is on medi-cal and also had a supplementary insurance that paid the premiums and the 20% that medi-cal did not cover. Unfortunately, her supplementary insurance was cancelled last year, and now she only has medi-cal. She has many medical bills this last year. She is also on low income. My moms fear is that if she passes, medi-cal will come after her estate for the back pay of the premiums that she owes. My sister and I are agents of a power of attorney for my mom. Can my sister and I cash her $79,000 check to keep it out of the bank and out of her estate if she passes? If we cash the check on my mom's behalf, and make cashiers checks to us, can medi-cal come after my sister and I even if the money never touches my moms account?
Submitted: 6 months ago.
Category: Estate Law
Expert:  Barrister replied 6 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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Can my sister and I cash her $79,000 check to keep it out of the bank and out of her estate if she passes?

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From a purely legal perspective, no. Once she receives that money from grandmother's estate she is supposed to report that to Medi-Cal who would then require her to spend down that money on her own care before they would then kick back in to continue making payments for any benefits.

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From a practical perspective, if the money never hits mother's accounts, then the only record of it would be from the estate records in court. So for example if it was endorsed and deposited into your account as her POA, and then the money went somewhere else, it is very unlikely that Medi-Cal would ever find out about it..

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Obviously I can't suggest doing this, but looking at it from a realistic perspective, it is something that could end up with them not getting the money.

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thanks

Barrister

Customer: replied 6 months ago.
That's what we needed. Thank you.
Expert:  Barrister replied 6 months ago.

You are very welcome. Happy to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister