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State Medicaid for nusring home resident--do they take life insurance upon passing?
My grandmother is a nursing home resident under state medicaid. She has a small life insurance policy that only family is aware of. Upon her passing, if we used the life insurance policy, would the state take the funds?
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Tom Z 5:37 am on September 6, 2010
If your grandmother has named a beneficiary the beneficiary receives the death benefit with no encumbrance from the State. If she does not name a beneficiary or if the beneficiary (or beneficiaries) are no longer alive the death benefit would go to her estate and the State would claim the assets of her estate.
old school - spuds to you 5:37 am on September 6, 2010
normally the resident would be asked to cash in the value of the insurance, if it is that type of plan. if not, the state would look to make a claim on the policy.
mbrcatz 5:37 am on September 6, 2010
Well, the state would find out, because the insurance company is required to report it – with her social security number.
As to whether or not it’s one of her assets, it’s going to depend on the type of policy it is, who the beneficiary is, and the value of the policy.
TedEx 5:37 am on September 6, 2010
in most states, they will allow a modest amount for a plain and simple funeral.
Zarnev 5:37 am on September 6, 2010
It depends upon the type of policy and the situation.
Regulations require that, if a policy has a cash value greater than $1500, it is considered a countable asset and in most cases must be cashed in and the proceeds be used for her care. At the very least the state should have been made aware of the policy.
If the policy had a cash value and Medicaid didn’t know about it that would be considered fraud and the state would have a claim. And yes, they’ll find out.
If the policy doesn’t have a cash value, such as with a term policy, or the value was less than $1500 the state will not come after the proceeds upon death.
If the policy is owned by someone other than grandmother it is not considered her assets and the state will not have a claim.
Flower 5:37 am on September 6, 2010
When your grandmother applied for Medicaid originally, she was supposed to include insurance policies and funeral plans in her assets so the State could attach assets after her death to recover those benefits paid to her, in this case Medicaid for nursing care. Under Medicaid, you are allowed only a burial plan up to $1500 which does not do much, a home and a car. Everything else is counted and is supposed to be under $2000 for one person.
Sweetn 5:37 am on September 6, 2010
Medicaid allows the following types of burial accounts without claim to them:
$2500.00 in a bank account labled ‘burial account’
Unlimited amount in a ‘irrevocable pre paid burial’
$2500 cash value in a whole life insurance policy (the face value could be $5000 or more but as long as the cash value is under $2500)
Term Life insurance – any amount
$1500 Burial Plot.
These are all legit. you can call any elder law attorney and verify.
PS: the ONLY money medicaid ever takes after death is money in a "Qualified Medicaid Trust’.
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