When Medicaid Planning and Estate Planning Collide: A Primer on Avoiding Unintended Consequences

Estate planning can often be challenging and time-intensive for both clients and their attorneys. When a medical crisis occurs, however, carefully designed estate plans can be unintentionally, and significantly, disrupted in the quest to qualify a loved one for Medicaid. Assets are typically transferred out of the loved one’s name, essentially leaving nothing in his or her estate upon death, and effectively disinheriting the final heirs. When that happens, litigation may, and sometimes does, ensue amongst the surviving family members, with the central question being whether the decedent understood the ramifications of Medicaid planning, and whether the result accurately reflected the decedent’s testamentary intentions.

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