A daughter (who receives disability) has durable power of attorney over mother that's on medicaid and in the nursing home. The mother's great aunt passed away but left a will leaving mother a cash inheritance, who would be entitled to that money?
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Anonymous
ANSWERS: 3
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I'm not a lawyer, but I've gone through two similar situations. It's the mother's money -- the daughter that has durable power of attorney has access to it, and can spend it. There are legal limits to what the daughter can do, however, there is nothing to stop her from exceeding these limits except by legal action that other family members or interested parties could make. If you are talking about a large cash inheritance, and if the mother has more than one heir, then I think it would really be worth talking to a lawyer about this. For e.g., the daughter could set up a family trust that will protect the inheritance until your mother passes on.
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If the Great Aunt left it to the mother, then the mother is entitled to it. The fact that the mother is on Medicaid and in a nursing home does not cause her to forfeit her inheritance.
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Your mother gets the money and you are power of attorney of that money. Your mother will have to pay taxes on it and that money. Medicaid may take that money to repay them...not sure but possibility. You should talk to a lawyer about this. Any time someone has been on Social Services, medicaid, and that person receives any kind of money...including winnings from lottery....the money goes to them for repayment.
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