Mom is about to enter the nursing home. The family knows that she has a home, a car, and $1,500 in the bank. They think she will qualify for Medicaid. They also know that Mom's uncle died ten years ago leaving a piece of real estate to Mom. The real estate has not been put in Mom's name because the succession was never done after her uncle died. Does Mom qualify for Medicaid?
Sorry. Mom's share of the estate is a resource and will prevent Medicaid eligibility. The Louisiana Medicaid Manual provides, "Count the applicant/enrollee's share of an undivided estate as a resource the first day of the month following receipt. Receipt is deemed to be the day of death in the case of a direct descendant or when there is an uncontested will designating the individual as beneficiary."
The way the provision is drafted, if someone contests the uncle's Will, Mom can qualify for Medicaid immediately. I'm not a litigator but this provision seems to encourage litigation. What do you think?
PAR
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