Disclaimers of inheritance must be handled with care to ensure that they do not harm the long-term benefits provided by the federal Medicaid program. This article explores recent developments in Medicaid law, some disclaimer situations in practice, and effects of forced elective shares on Medicaid benefits. This article also discusses various means to plan for Medicaid, including the use of a Special-Needs Right-of-Election Trust.
Barrett, Cynthia L.
"Disclaimer and Elective Share in the Medicaid Context,"
Marquette Elder's Advisor:
4, Article 9.
Available at: http://scholarship.law.marquette.edu/elders/vol1/iss4/9