Michael G. Day Urges Wills and Trusts to Shield Disabled Heirs, Protect Medicaid Eligibility
Updated
Updated · tristatealert.com · Jun 1
Michael G. Day Urges Wills and Trusts to Shield Disabled Heirs, Protect Medicaid Eligibility
2 articles · Updated · tristatealert.com · Jun 1
Day said families can upend carefully protected estates when a child dies before parents and leaves no will, causing assets to pass back to parents and become exposed to nursing-home costs.
Trusts can still support an elderly parent without making those funds available for long-term care bills, he said, preserving money for needs Medicaid often does not cover, such as hearing aids, dentures and motorized wheelchairs.
Disabled relatives face a similar risk: an inheritance from an aunt or uncle can disrupt SSI and Medicaid benefits unless the assets are routed through a special needs trust.
Day said the problem affects means-tested programs, not Medicare, and warned that informal workarounds—such as leaving money to siblings—can expose assets to divorce, illness or even state recovery claims.
His advice was immediate action: write wills now, identify disabled family members across the family tree, and use qualified elder-law planning to prevent accidental inheritances.
How can a loving inheritance accidentally strip a disabled relative of their essential lifeline?
Beyond a will, what legal blind spots could cause your family’s inheritance to vanish?