I’m in the process of contesting my mother’s Will. Recently before she passed, mom & I were discussing a Will she had signed in 11/2018. This Will exclude me as an heir to her estate. She told me my dad; a brother & his wife were involved with that Will. She also told me she was easily sueded as in persuaded. This told me she’d been pressured, influenced, coerced to go along with this Will & sign it. Her last Will also excluded me as an heir to her estate. I believe she was pressured/coerced to sign this Will. Both Wills were done by people other than her attorney. One was done by a different attorney. Her final Will was done by a notary in a different parish. I’ve found several problems with this Will. Only one of her signatures is on the signature line. Her middle initial varies from E or S or E overlapping on top of S. My BIL signed the Will as a witness. My question is, if me being disabled &/or being a child caregiver still effect MERP if I’m not an heir to the estate? For those same reasons, would MERP end up leaving me 1/4 of the estate even though I’m not an heir to the estate? This gets confusing! Thanks!
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As for MERP, it is a recover method the state uses to claw back money spent on your mother's care AND what mom had left over in her estate when she died. Doubtful she had much in the bank or she wouldn't have been eligible for Medicaid to pay for her care. Her house might be leftover in estate and the MERP (recovery) may step in during probate to claim $ amount State paid out while she was alive. For example, she was in nursing home and State paid $30,000 for her bed. House gets sold for $100,00 - state could grab their money and the rest of it would go to heirs named in the Will. This process would have nothing to do with you. It all gets handled during probate.
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Sorry for the loss of your mother.
To get an answer to your question, you should seek the advice of an elder law attorney who will explain what your rights are. These attorneys are a bit pricey, but it will be worth the consultation with him/her.
Usually when Wills are done between married couples its "What is mine is yours" The surviving spouse needs to have another Will done to say how the estate will be split after the death of a spouse.
When one spouse goes into care and the other doesn't, Medicaid allows their assets be split. The NH spouse spends down their split till its gone. Then Medicaid is applied for. The surviving spouse becomes the Community Spouse. Gets to remain in the home, have a car and enough of the monthly income to live on. If the Community spouse passes before the NH spouse, their split of the assets goes towards the NH spouse's care.
Mom should have no assets. If she owned half the house, no one can inherit because her half will have the Medicaid lien put on her half of the house which Dad can remain in till he passes, sells or leaves the house. At those times the house will need to be sold to satisfy the lien.
If your disabled and receive Medicaid in any way and inherit any money, it could effect your Medicaid. You maybe asked to spend down your inheritance and then apply for Medicaid again.
A house is exempt as long a Medicaid recipient is alive. Once the person passes, Medicaid can now recover from it. In my Mom's case, she had a house after she passed. I sold it. The unpaid taxes had to be paid, then Medicaid. The remaindered was split between the beneficiaries mentioned in the Will. If you are not in the Will, u do not inherit. You being disabled only comes in if Mom was owner of her home and you lived with her. Then u may be able to remain in it after you prove you can handle the bills. Or, Mom owned her home, you lived with her and were her Caregiver for at least 2 yrs. Again, you would need to prove you could pay the bills. In both scenarios, a lien will still be placed. Usually there is no money left after paying for NH care. Merp does not get involved with the sale of a house. The lien is placed, when house sells, the lien has to be satisfied. Then the realtor, lawyer and Title company fees are deducted. Again, whats left goes to those named in the Will.
I have only given you what I have experienced or heard on this forum. Medicaid is complicated and sometimes people need an Elder lawyer.
Wishing you all the best.