Saint Louis, MO asked in Estate Planning for Missouri

Q: I own my property,can I download a living will and have it notarized and it be legal ,also I get Medicaid and food stamp

Can state take my property if I have a will ,just trying to look what I should do? I’m live in Illinois

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1 Lawyer Answer
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: A living will specifies in advance how a person wants medical treatment to be administered if they are permanently unconscious or terminally ill and therefore unable to express their wishes. A living will can cover topics such as whether or not you wish to be resuscitated if you stop breathing or your heart stops, whether you wish to remain on life support if you are unconscious and not expected to recover from an accident or illness, and whether or not you wish to be given intravenous fluids and tube feeding if you are unable to eat or drink on your own.

Somehow I think that is not what you have in mind. You probably want a last will and testament. To be valid, a last will and testament must be in writing, signed by the testator and by two witnesses. Each witness must sign the Will in the testator's presence and in the presence of each other.

In many instances Medicaid does have the right to be reimbursed from your estate for benefits that it has paid on your behalf. Having a will in place does not avoid Medicaid estate recovery.

Tim Akpinar agrees with this answer

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