Legal Question in Wills and Trusts in Ohio

Disclaimer for Beneficiary on Medicaid

Can a beneficiary who is currently receiving Medicaid legally disclaim a inheritance from an aunt's estate? What if she is also the administrator of the estate?

Asked on 2/27/07, 2:09 pm

1 Answer from Attorneys

Russell Golowin Golowin Legal, LLC

Re: Disclaimer for Beneficiary on Medicaid

The answer may vary from county to county, but in most cases the answer is probably that disclaiming the inheritance will be treated as an improper transfer and a penalty period will be imposed on the beneficiary.

It is important for those receiving Medicaid benefits to ensure that any bequests to them are made in a protected fashion for this very reason.

If this is a significant amount of money it may be worth looking into further.

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Answered on 2/27/07, 5:53 pm

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