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My mother is on medicaid in a long term care facility. She is to receive a sizeable amount of money from her deceased niece who died without a will.

1 Answers. Asked on Feb 10th, 2017 on Elder Law - New Jersey
More details to this question:
I am her power of attorney. Is there any way the inheritance can be put ini an account, not subject to forfeiture to medicaid? It is currently in probate in the State of New York.
Answers Showing 1 out of 1
Answered on Feb 11th, 2017 at 5:25 AM

You might be able to disclaim the inheritence and have it pass to you and your siblings, if any.  You should contact the attorney working for the estate and see if a disclaimer is possible.  There are certain rules to be able to disclaim, like timing and whoo the asset passes to after disclaiming. 

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As adults age, they often lose some mental acuity while also facing more physical limitations. These health conditions put senior citizens at greater risk of exploitation and abuse. At the same time, the elderly need to think about their long-term medical and financial needs, and make estate plans to ensure their legacy after they pass away. An elder law attorney can work with seniors and their families to address issues such as advanced directives, powers of attorney, living wills and last wills and testaments. Elder law lawyers can also help families intervene if a guardianship or conservatorship is necessary. And personal injury law firms with experience in elder issues can help victims of elder abuse and nursing abuse take civil and criminal legal actions against their abusers.
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