Most families want their disabled loved one to receive their support during their lifetime and then for other family members to have and enjoy any remaining assets or funds left in the trust. Most families do not come to me and ask to please show them how they can pay Medicaid anything left after their disabled loved one dies. Without planning, many families accidentally ensure their loved ones with special needs give their inheritance to Georgia Medicaid.
In Georgia, you are deemed to have inherited from someone at the moment that person dies. If that person has an older will with no Special or Supplemental Needs Trust built in, then the special needs person inherits directly at the time of death. Any assets inherited by a special needs person are considered a resource by Medicaid and cannot be disclaimed after a death. (A disclaimer is a document you can sign to say that you do not want all or part of your inheritance.) The only Special Needs Trust that the special needs person can have set up after receiving an inheritance is a First Party Special Needs Trust (1st Party SNT) which requires that Georgia Medicaid be the beneficiary. These situations are avoidable. If you think you have an older will that is missing this Special or Supplemental Needs Trust, please call my office so that I can make sure your beneficiaries are protected especially if a beneficiary is already disabled.