If my father just passed away and left an inheritance to my sister and I but she is on Medicaid, if she declines her share of the money does it then go to me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my father just passed away and left an inheritance to my sister and I but she is on Medicaid, if she declines her share of the money does it then go to me?
Asked on December 11, 2012 under Estate Planning, Oregon
Answers:
Victor Waid / Law Office of Victor Waid
Answered 11 years ago | Contributor
Probably not as the government has a first lien on any heritance that occurs the moment death occurs; remember the taxpayer, that is us, is entitled to recover any expenditure we laid out for the care of your sister.
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
This depends on how the will is written. If your sister declines her share, it is distributed as though she had died. If the will says that the gift is divided between "you and your sister or the survivor" or that her gift lapses, then it would go to you. If the will says that her share goes to her "and if she does not survive, to her descendants," then her money goes to her descendants.
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.