If someone disclaims their portion of an inheritance in order to keep Medicare but then asks the other heirs to send them what they would have got had they accepted would that be considered fraudulent?

Get Legal Help Today

 Secured with SHA-256 Encryption

If someone disclaims their portion of an inheritance in order to keep Medicare but then asks the other heirs to send them what they would have got had they accepted would that be considered fraudulent?

My grandmother disclaimed her portion of
inheritance from my dads will . She did not
accept it so that she would still be eligible to
keep Medicare . My aunt is asking the other
heirs , myself included , to send back the
portion of inheritance my grandmother would
have received and she will put in an account
under her name . Would this be considered
fraudulent? Can a law suit be filed against me if
I refuse to do what they are asking ?

Asked on October 20, 2018 under Estate Planning, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, that would be Medicare fraud: she is receiving the money, so her alleged "disclaimer" is nothing of the sort--she did not disclaim or give up the money. She lied about giving it up. Anyone who helped her knowing or suspecting that it was improper would be a knowing accomplice to the fraud, and could face liability. But there is no liability for refusing to do what is requested: since it was officially "disclaimed" the money goes to the heirs (including you) to do with what you please, and no one has a right to tell you what to do with your money. You can--and should--refuse to go along.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption