Legal Question in Wills and Trusts in Illinois

medicaid

Will the state [medicaid] take the inheritance before or after the heir receives it.


Asked on 7/18/06, 7:19 pm

1 Answer from Attorneys

Re: medicaid

If a person has received Medicaid benefits, the state may have a right to reimbursement of the amounts paid. However, until the funds are distributed by the estate, they are generally not attached.

You should be aware that there are options that might allow the person receiving Medicaide to protect the distributed funds through the use of "pay back" trust. The beneficiary or his/her guardian should consult with an estate planning attorney to see what options are available to protect the funds.

Good luck to you.

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Answered on 7/18/06, 8:10 pm


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