- Jurisdiction
- New York
Hello,
I'm inquiring for a dear 93 year old friend who lives in New York State. I hope this is the correct forum for these questions.
She has collected social security since her husband passed away over 40 years ago. At first she collected social security disability, medicaid, and food stamps because of a disabling disease. When she became retirement age she collected on her husband's social security, Medicaid, and food stamps.
She was recently told that because she has collected social security benefits, Medicaid, and food stamps that they would take her house and land after she passes for repayment. Prior to this she had a will drawn up dividing the house and a couple of acres amongst her four children.
Can they take her property? Can the will supersede what they want to do? If they are able to do this because of the benefits she has received can she save the property by transferring it to one of her children before she passes? If she can't do this can she sell the property before she passes or will they take the money from the sale? What would be the best course of action in a situation like this?
I'm inquiring for a dear 93 year old friend who lives in New York State. I hope this is the correct forum for these questions.
She has collected social security since her husband passed away over 40 years ago. At first she collected social security disability, medicaid, and food stamps because of a disabling disease. When she became retirement age she collected on her husband's social security, Medicaid, and food stamps.
She was recently told that because she has collected social security benefits, Medicaid, and food stamps that they would take her house and land after she passes for repayment. Prior to this she had a will drawn up dividing the house and a couple of acres amongst her four children.
Can they take her property? Can the will supersede what they want to do? If they are able to do this because of the benefits she has received can she save the property by transferring it to one of her children before she passes? If she can't do this can she sell the property before she passes or will they take the money from the sale? What would be the best course of action in a situation like this?
