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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111450
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband was 47 when he had a brain injury, and has been

Customer Question

My husband was 47 when he had a brain injury, and has been in a care center for 9 years. He receives social security, and is on medicaid for his care. We are still married and I have a amount that I have to send to the nursing home every month. My husband is going to receive a 25,000 from his fathers life insurance. Can I use this money to pay for his prepaid funeral, and pay some on our house loan? The house is still in both of our names.
Submitted: 6 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. His inheritance is his separate property. You can use some of it for prepaid funeral expenses and avoid turning that over to the home or to medicaid. As far as spending it on the house, because it is a separate asset, you would not be able to use that to pay down on the loan, you can use some to pay his ordinary expenses not covered by medicaid, but it has to all be used for his needs and not for anything for you, since it is a separate asset I am afraid.