Q: Would a lien on my brother's inheritance prevent it from being counted as income or asset by SSI and Medicaid?
I'm executor of my father's estate. The funds will be divided among 6 siblings, about $6000 each. One brother is on SSI, SSDI, and Medicaid, in Vermont. If he inherits $6000, he is in danger of losing his Medicaid until he spends $4000. Losing his Medicaid could cost him a lot more than $6000, if he needs care during that month. He owes my sister more than $6000, and he plans to repay her when he rexeives the inheritance. Can she take possession of his inheritance before he receives it, to prevent it from being counted as his income or assets? He is of sound mind and he would like this to happen. He lives in Vermont, and the estate is in California.
A: This is a question that needs to be answered by an attorney licensed in Vermont and familiar with its Medicaid rules and regulations as every state is different. There are likely ways he can spend that amount of money down without interrupting his SSI/MEDICAID benefits and/or can create an ABLE account if he is eligible. You can learn more about Vermont ABLE accounts here: www.vermontable.com.
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