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Can I Use a Medicaid Beneficiary’s Inheritance to Pay Her Assisted Living Facility Three Months in Advance?

Posted by Laura E. Stubberud | Jun 16, 2022 | 0 Comments

It may be possible, but it is complicated. The receipt of the inheritance is income that must be reported to the Medicaid authorities. In theory, that would render your mother ineligible for Medicaid benefits during that month. If she spends down the money, whether by paying the assisted living facility or through other legitimate expenses during the same calendar month, the period of ineligibility should not extend beyond the month.

That still leaves a number of questions:

  1. Is advance payment to the assisted living facility considered legitimate?
  2. How does your mother pay for her care during the month she receives her inheritance, since she would technically be ineligible for benefits that month?
  3. What does she do with her income during the months for which the assisted living costs were already paid?

All of that said, those questions may be academic. Generally, this is likely too complicated for the Medicaid authorities; nothing may happen after you inform Medicaid that a beneficiary has received and spent down funds. You should consult with an attorney in your state to determine the best way to handle this situation. To find an attorney near you, click here.

About the Author

Laura E. Stubberud

Laura Stubberud has over two decades of experience in the practice of estate and family law in Nevada. After graduation from UCLA, she studied law at Southwestern University School of Law , graduating in 1992. With over 25 years of practice in Clark County, Nevada, Ms. Stubberud has substantial e...


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