If I do not tell Medicaid about an inheritance check, is that considered wrong even if I'm not going to use it?

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Sunshine1952 Asked January 2017

If I do not tell Medicaid about an inheritance check, is that considered wrong even if I'm not going to use it?

I received an inheritance check from the selling of my mother's condo. I'm on medicaid i turn 65 in march the girl at ss said I'm deemed meaning medicaid will pay for my medicare but she said i still have to pick out a prescription plan D, she said to call the number on the back of the medicare card, the only income we have is my ss and my husbands ss disability and he has an early pension of $600.00 a month, She said because of our income we are eligible! My question is since then I received an inheritance check from the selling of my mother's condo, split 3 ways, I want to save that money and put it in a cashiers check and not touch it i want it for burial and funeral expenses for the two of us! If I do not tell them about this check is that considered wrong even if I'm not going to use it?

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score 0 · Answer 1

When my sister passed away I was on SSI/Medicaid. She had advanced brain cancer and after surgery she didn't remember if she had a will. I called an attorney to come in and make up a will for her but he went to her hospital room without consulting me. The result of that was that I had to give up quite a bit of money to stay on Medicaid. It's not worth it to be dishonest with the government. They will see everything you do with money. Some of her money was in a "special needs trust" for me, so that's protected money that I use for things like cable tv, haircuts, etc.
I also think a lawyer specializing in social security and Medicaid is your best bet. I wish I would have known about this when my sister was sick. Good luck!

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score 1 · Answer 2

I think that you can put down $1500 for burial. Needless to say you will have to be cremated.

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score 2 · Answer 3

When on Medicaid, which you claim to be on, you are only allowed to own $2,000 in countable assets.

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score 0 · Answer 4

First, I think we r getting Medicaid that pays for long-term nursing care and Medicaid that you get for Medical. I think the OP needs to call Medicaid. OP should have give them info on savings account. OP will have to tell them about her inheritance. Sorry, no money should have been given to the daughter. Anytime you are on government help you must make them aware of money received. Honesty is the best policy.

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score 0 · Answer 5

That savings account you didn't tell them about.......get everything out in the open now. It's called FRAUD. It will affect you in the future if not handled right now.

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score 1 · Answer 6

Suggestion: Since you want to use the money for burial expenses, do yourself a favor and make those arrangments NOW! Prepaid arrangements cost a good bit less than those done at the time of death. And, as others have said, you can pay for the arrangements in a trust so that it will always be there. I just went over my Aunt's arrangements and learned that she has everything covered including the headstone. She and her husband chose everything in advance and paid for it all in a trust account. I won't have to do anything but call the funeral home.

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score 1 · Answer 7

Also, Medicaid in most states will also let your daughter pay back the money to you - in some cases, just most of it - to avoid or minimize the lookback period.

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score 1 · Answer 8

Definitely check with SOMEONE knowledgeable about your state's laws. I went through something similar in trying to help my aunt and uncle, and in Florida, there are unlimited transfers between spouses allowed, and the medicaid recipient only has to have their bank accounts/CDs etc. below $2,000 ONE day a month. You may be able to "give" your husband some of the money without him being knocked off medicaid, or as has been suggested, buy a newer car or have something not covered by medicaid done, or get an irrevocable pre-paid insurance policy for burial benefits - but ALL must be done in accordance with the rules in your state. The rules also require reporting of things like income, and gifts. The good news is that the gift may only knock you off medicaid for a few months - better to get that out of the way now, and keep the medicaid, then to cancel it and find out you can't get it when you need it most because you will still have to go through the "lookback" period. This is NOT the time for guessing, or getting answers from people who are also guessing (we don't even know the state you are in so cannot advise you about your state's rules). You need to get advice from someone who is familiar with YOUR state's rules. Go online to the Q&A section on Medicaid in your state - I have never seen a Q&A that didn't address this issue and give a "for instance" scenario that tells how many months you may be ineligible because of the gift, or what you can spend the inheritance on with a minimum of impact to medicaid eligibility.

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score 3 · Answer 9

I work as a Community Resources Specialist and sometimes I have to help patients figure out their benefits and entitlements. Medicaid has rules and benefit requirements that vary by the state that grants it, so check with your state's DHHS (Dept. of Health and Human Svcs.) or whatever entity oversees Medicaid to check about the "asset limit" rule for your state. In my state of Nebraska, in order to qualify as a person "at poverty level in need of Medicaid", a person has to have low income plus a person is only allowed to have up to $2,000 worth of "assets" - and that includes life insurance policies, 'normal' burial plots (that a person could sell for income), money in the bank, stocks, 401K retirement funds.... almost anything.
The short answer is: Yes, you have to declare the inheritance. If you don't, the review agents at DHHS or Medicare will likely see it on your SSI income report for the next year (because inheritances are taxed and traced by SSN number) and then you'll owe back, in cash, the benefits they granted to you.
However, at least in NE, there is legitimate ways to 'get around' that rule for people in your situation: Establish an "irrevocable burial trust" with a specific funeral home that can only be used for end of life expenses. It is like life insurance, but it can't be 'cashed in', so it doesn't count as an "asset". There may be a limit to what amount is "allowable".

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score 3 · Answer 10

Sunshine I'm sorry, I didn't mean to worry you - and don't worry. Clearly the inheritance arrived long after your earlier application, so what you put on your application was perfectly true and correct at the time. Now something else has happened, so it would be correct to provide that information, that's all.

Depending on how large a sum the check was for, it may not even change anything - but you'll be much better off finding out than worrying about how to get round it or, conversely, needlessly giving up on financial support that you are entitled to.

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score 0 · Answer 11

I'm so sorry but how and why if i just received money now would i be responsible for 1/2 of his bills? When he applied we had NO money and a mortgage of $1300.00 a month plus all other bills! When he applied we were never told any such things as far as a payback? Now i'm worried!

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score 0 · Answer 12

I have not spoke to him at all yet! The check was given to me Dec 23rd! its in the bank in a savings account! I have not been on medicaid long at all i was put on under my husbands account because he lost his union insurance in august!
I have not lied about anything? I have not filled out any forms at all?

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score 3 · Answer 13

since you were just added in september it may be fairly easy to fix. I am going to tell you to consult with an elder law attorney that specializes in Medicaid planning BEFORE you talk to Medicaid caseworker. Do you have assets and hubby does not? See that attorney, it will be well worth the cost. You maybe responsible for 1/2 of hubby's bills.

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score 6 · Answer 14

Oh dear.

Sunshine, call your husband's caseworker and give him all of the information you've explained here. He will then be able to explain to you what you should do and what will happen, and you can rely on his advice. I hope the inheritance check arrived after you last spoke to him?

For future reference, lying on official forms - whether by making a false statement or by omitting inconvenient details - is always wrong and almost always leads to trouble. At best it will make you anxious, and invalidate your claim. At worst it could land you in jail. It isn't worth it. Don't do it.

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score 0 · Answer 15

ok thank you! One more question can I just call my husbands caseworker who added me on to medicaid for medical only just last Sept.2016 and tell him in March when Medicare starts that I won't need the medicaid and then I can just pay for the supplement and not be deemed anymore?

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score 6 · Answer 16

The money to your daughter will be considered a gift. Once you become eligible after spending the money, Medicaid will look back at your financial records for a period of five years. They will find the money you gave your daughter which will result in you being penalized a dollar amount that is equal to the gift.

The reasoning is that I and everybody else that pays taxes pay for your medical care, I do not care to decrease your assets so you can pay your daughters credit card off reducing the amount you have available for your medical expenses. Your money is for your care.

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score 0 · Answer 17

After its gone then I will be eligible,? That is crazy! But so be it what about a savings account that i didn't mention to them how will they know about it????

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score 0 · Answer 18

I can't live this way, this is ridiculous, I will call them and tell them I do not need medicaid right now and to end it, I'm not going thru all of this BS just because of an inheritance from my moms condo that was split 3 ways! Like you said i hardly use it now anyway!

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score 0 · Answer 19

I already wrote a check for $3,592.00 to help my daughter pay off her credit cards!

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score 2 · Answer 20

Sun yes report the inheritance to them. If you do not you will find nothing but trouble. They should allow you to prepay funeral and burial without a problem. When the remaining is down to $2,000.00. Then you will again be eligible for Medicaid. You are allowed to have a car, do you need a newer model? Dental work? Anything that you have needed but not able to afford?

Your inheritance is reported to the government, Medicaid will find out about it so do not try to hide it and DO NOT gift any of it to anyone!

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