Many people believe you must make some provision for your children in your Will. However, there is no legal requirement that a child or any other person be included as a beneficiary of your estate with the exception of your spouse. A spouse cannot be left out of an estate with out the spouse's consent.

A person can qualify for Medicaid benefits by putting all of their money into a special type of trust. Although this was true at one time, Medicaid no longer recognizes those types of trusts and, in fact, the creation of a trust to hold assets may be more harmful than helpful.

Should I give my home to my children so that I qualify for Medicaid benefits? Giving your home away turns an exempt asset (an asset that is not counted for Medicaid eligibility purposes) into a nonexempt asset and again, may be more harmful than helpful to the Medicaid qualifying process.