The Short Answer

In Florida, receiving an inheritance can put your needs-based benefits at risk because it may be treated as a countable resource (and sometimes income) for SSI and Medicaid eligibility. Even if you “need” the money for care, holding inherited cash or other assets in your name can push you over program limits and trigger a loss of benefits until the situation is corrected.

What Florida Law Says

Florida Medicaid eligibility is tied to income and asset (resource) rules set by federal and state law. Florida’s Medicaid statute recognizes that eligibility determinations involve “income, assets, and categorical eligibility tests,” and certain Medicaid categories are specifically tied to SSI eligibility—meaning changes to your finances can affect both programs at once.

The Statute

The primary law governing this issue is Fla. Stat. § 409.903.

This statute establishes that Florida Medicaid coverage is available only if the applicant fits an eligible category and meets the applicable income and asset tests, including categories based on receiving (or being eligible for) SSI.

Separately, if you are on Medicaid and later pass away, Florida has an estate recovery law that can create a claim against a Medicaid recipient’s estate for certain benefits paid after age 55 (with important exceptions). See Fla. Stat. § 409.9101.

If you are considering refusing (disclaiming) an inheritance as part of planning, Florida has a detailed disclaimer statute that controls when and how a disclaimer works and when it is barred. See Fla. Stat. ch. 739.

Why You Should Speak with an Attorney

While the statutes provide the framework, applying the rules to an inheritance is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Benefit agencies often require timely reporting of changes, and delays can lead to overpayments, termination, or a gap in coverage.
• Burden of Proof: You may need documentation showing what you received, when you received it, and whether it is countable (cash vs. restricted funds, real property, beneficiary designations, etc.).
• Exceptions: Planning tools (like a properly structured trust or a valid disclaimer under Florida law) can have very different consequences depending on timing, the type of inheritance, and whether you have already accepted any benefit of the inheritance (which can bar a disclaimer under Fla. Stat. ch. 739).

Trying to handle this alone can lead to an avoidable loss of SSI/Medicaid, repayment demands, or planning steps that cannot be undone once the inheritance is received or used. A Florida probate/benefits attorney can coordinate with the estate administration and your benefits situation so the inheritance is handled in a way that protects you as much as the law allows.

If you want more background reading, you may also find this helpful: Can an Inheritance Affect My Medicaid or Food Stamps Eligibility? (general concepts; your case must be evaluated under Florida law).

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.