The Short Answer

Yes—an inheritance can affect eligibility for needs-based benefits like Medicaid and food assistance because receiving money or property may be treated as an available resource (and sometimes income) under program rules. However, some items you inherit may be protected in Florida probate as “exempt property,” and the way an estate is administered can change what you receive and when.

What Florida Law Says

Florida probate law includes categories of property that are set aside for a surviving spouse or certain children and are generally protected from creditor claims in the estate. That probate protection does not automatically mean the asset is ignored for Medicaid or food assistance eligibility, but it can be highly relevant to what is actually distributed to you from the estate and how the estate is valued and administered.

The Statute

The primary law governing this issue is Fla. Stat. § 732.402.

This statute establishes that certain categories of property (such as specified household items up to a value cap and up to two qualifying motor vehicles) may be designated as “exempt property” for the surviving spouse or, if none, the decedent’s children, and that exempt property is generally exempt from claims against the estate (subject to perfected security interests).

Why You Should Speak with an Attorney

While the statute provides the general probate rule, applying it to your benefits situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Rights to Florida “exempt property” can be waived if a petition is not filed on time under the statute’s deadlines, which can change what you ultimately receive from the estate. See Fla. Stat. § 732.402.
• Burden of Proof: You may need clear documentation showing what you inherited, when you received it, and whether it was designated as exempt property in the probate case—details that can matter when benefits agencies review eligibility.
• Exceptions: Even when property is “exempt” in probate, benefits programs can treat assets differently depending on the type of benefit, the type of asset (cash vs. vehicle vs. household goods), and whether the inheritance is received outright or through another arrangement.

Trying to handle this alone can lead to avoidable benefit interruptions, overpayment claims, or mistakes in the probate process that change the distribution you receive.

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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.