Elder Law Answers
Is It Time for a Life Insurance Audit?
Have you owned the same life insurance policy for a number of years? If it's a whole life policy or a te...
Read moreCan State Take Life Insurance Proceeds for Estate Recovery?
Q
My mom has an individual whole life insurance policy. Her current policy has a death benefit of $30,000 and no cash value. Medicaid has been paying for her care. When she passes away, will the state be able to take the proceeds from the life insurance that would be paid out to her beneficiaries?
A
We can’t tell you for certain, but probably not. The answer depends on the law in your state regarding Medicaid estate recovery.
If your state does not seek recovery from non-probate property, the state will not be able to collect from the policy. Even if your state has expanded estate recovery law to include non-probate assets, the state still might not be able to track life insurance policies. Just make sure that the beneficiaries your mother wants are named on the policy.