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Maverick, Attorney
Category: Estate Law
Satisfied Customers: 6391
Experience:  20 yrs of professional experience.
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We need to find out how much we can put in an irrevocable

Customer Question

We need to find out how much we can put in an irrevocable burial account so as not to interfere with Medicaid eligibility (Philadelphia, PA). Also, is the plot part of the maximum that can be put into the account, or is the plot separate and that can just be purchased outright (and is there a limit on how much the plot can cost)?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Maverick replied 11 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 11 months ago.

1. An Operations Memorandum issued by the Department of Public Welfare provides that the value of all burial plots owned by Medicaid applicants will be excluded. This burial space exclusion covers conventional grave sites, crypts, burial drawers, mausoleums, urns and similar repositories.

2. For the irrevocable burial reserve agreement, it may include such items and services as casket, cemetery plot, flowers, and an obituary. Regulations exclude an amount that is not exorbitant. DPW may consider a reserve exorbitant if it exceeds average local costs by more than 25%.

3. Thus, the plot is separate and can be purchased outright with apparently no limit being mentioned.

4. When you place money in the reserve, if you already have a plot, then you would only look at the average cost of the other services and then add the 25% to get the cap. This link will give you some idea of the average cost nationwide; and this one will give it to you for your county.

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