My parents each had a life insurance policy naming eah other as beneficiary. My mom went into a nursing home during which the 5 yr lookback for medicaid took place. A year or so after, my dad joined her in the nursing home. At that time they changed the beneficiary on my Mom's policy to me, the daughter. Were my parents obigated to tell the nursing home and or medicaid about this change? If they never notified anyone, now that mom and dad have passed, who receives the money? They died oweing the nursing home money. thank you
My suggestion is to when the 5K comes in, place it in a separate bank account in your name - maybe a savings account, They pay pitiful but still something. Then let some time go by, so that both you and your brother have had time to heal and see what the debts do. The NH and other debtors are going to write it all off eventually and your brother - as long as he did not sign off to be personally responsible - can turn a page on all this. Then decide what to do with the money, whether to keep it 100% or divide 50/50 with brother.
It is sad but I know where you're coming from. My mom is mid 90's and really if she had died in her 70's when my dad did, there would have been all sorts of $ to inherit; if she had died in her 80's all grandkids college would have been paid by her. But she's now in her 90;s and not going anywhere soon and in a NH & on Medicaid. If they live long enough, they will run out of money and the caregivers will run out of steam. Medicaid can be a total butt-rash at times to figure out, but really thank goodness it is out there for our parents to be able to count on!.
I think the NH and Medicaid will try to muscle money out of the family any way they can, hoping you will cave in. So do your 'homework' and arm yourself by knowing your legal rights. If they have no legal recourse, they will just have to write off the balance of the debt, as Igloo mentioned. In all fairness, you deserve this money even just as reimbursement for all you laid out on your Mom's behalf. Good luck, and I hope you get to enjoy your money.
My mother has had dementia for quite a few years. She was seeing a geriatric Dr. in 2010 who had documented that she Probable Alzheimer's. I have been the beneficiary on her insurance policy for about 12-14 years, last year my sister had gone behind my back and had my mom sign a change of beneficiary form and removed myself from the policy and put herself on it. She has also made this change irrevocable. Is there anything I can do ?