Burial plots, funeral contracts, and the $1,500 fund
Burial-related Medicaid non-countable assets fall into three buckets: burial spaces, irrevocable funeral agreements, and designated burial funds. Burial spaces include cemetery plots, crypts, mausoleum spaces, urns, headstones, and opening-and-closing services tied to a specific grave. Federal rules exclude those spaces without a dollar limit for the applicant, spouse, and immediate family members.
Designated burial funds are separate. Each applicant and each spouse may set aside up to $1,500 in cash, a savings account, or certain life insurance face values clearly marked for burial. The account title or a signed designation must say the money is for funeral costs. Commingling burial money with everyday checking can void the exclusion.
Irrevocable funeral trusts and prepaid funeral contracts are non-countable in most states when the contract cannot be cashed out. Illinois HFS and North Carolina DMA both allow prepaid plans that name the funeral home or trustee as payee. Revocable funeral contracts count as resources until you spend them.
Betty in Raleigh funded a $8,400 irrevocable funeral contract with a Durham funeral home and kept a $1,500 burial fund at her credit union. North Carolina DMA excluded all of it. Her neighbor tried to label a $11,000 savings account as burial money without retitling. The caseworker counted the full balance.
- Obtain a written plot deed or cemetery contract showing ownership or right of use
- Keep burial fund dollars in a separately titled account labeled for funeral expenses
- Confirm irrevocable status on prepaid funeral contracts before you fund them
- Count life insurance with face value $1,500 or less toward the burial fund limit, not on top of it
- Save itemized receipts for headstones or niche purchases tied to a specific space
- Verify state-specific caps on irrevocable funeral trusts; some states allow amounts above $1,500 when tied to a contract
Common mistake:Buying a revocable prepaid funeral plan the week before filing. Revocable contracts stay countable. Ask the funeral director for an irrevocable assignment or trust document your state agency recognizes.