Legal Question in Elder Law in Georgia

will / medicaid

In my grandmothers will, 1/3 of her assets are to ''remain in the estate for the care of Judy and managed by Kaye until Judy's death and then the remainder shall be distributed...'' Judy is my grandmothers disabled daughter who currently resides in a nursing home receiving medicaid benefits. Will this wording allow the assets to be protected from Medicaid? Will it interfere with Judy's medicaid elligibility? Would it be preferable to exclude her completely from the will and give her share to kaye with the unwritten understanding that the money be reserved for Judy's benefit until her death? If Judy is excluded, should she be excluded intentionally or left a small amount?


Asked on 9/14/07, 7:48 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: will / medicaid

You have essentially asked for an estate plan based on a paragaph. Your family needs to retain an elder law attorney (not just a lawyer who claims to do this and many other unrelated areas of law) to review the whole scenario. Obviously, you are aware of the possible consequences of poor planning (or relying on basic, general information on a board like this).

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Answered on 9/14/07, 8:01 pm
Robert Thompson J. Robert Thompson Attorney

Re: will / medicaid

This arrangement will disqualify Judy from Medicaid until it is all spent on her nursing home care. You should consult an attorney knowledgeable in elder law and medicaid issues to advise on what arrangements can be made to avoid this, while allowing the funds to be used for Judy's benefit.

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Answered on 9/15/07, 9:50 am


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