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Junior Member
 
Group: Forum Members
Last Login: 7/6/2008 4:07:14 AM
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| My question is this: What happens when a spouse makes all their assets POD to a child and dies before the other spouse enters a NH and applies for Medicaid. I understand that POD is really just naming a person beneficiary and they do not take control until the person who named them POD actually dies, but what if one spouse does just that, then dies, the money would all go to the child and the spouse left at home had to be placed in a NH. Seems to me that the Medicaid office would look at this as though a transfer had been made,would they or would they not. if it had not been 5 years. If they look at what both spouses had it would seem this would be logical. Thank you
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Forum Member
Group: Forum Members
Last Login: 6/23/2008 1:27:21 PM
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| Interesting question. I have never encountered this situation. And an answer may not be the same in all states as is often the case with Medicaid policies. But let me try to shed at least some light on similar situations. I have known numerous situations here in KY where a community spouse predeceased their nursing home spouse and the community spouse's will bypassed the nursing home spouse and left the home and other assets to a child. And in these situations the name of the nursing home spouse was already off of the deed to the residence. Here in KY Medicaid does not, at this time, require the nursing home spouse to exercise any legal option(s) they may have with regard to sharing in the assets the community spouse left to others. Meaning that the child now has the home/assets and the nursing home spouse stays on Medicaid. Some states will penalize the nursing home spouse if they do not attempt to obtain their some of the assets. You may wish to post your scenario on the forum for your specific state. Joe Whitehouse, Medicaid Consultant, Louisville, KY.
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Junior Member
Group: Forum Members
Last Login: 7/6/2008 4:07:14 AM
Posts: 14,
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| Thank you so much for your answer. I will do as you suggested and post to the State Specific forum in hopes someone there will be as kind as you and attempt to answer. JR
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Junior Member
Group: Forum Members
Last Login: 7/6/2008 4:07:14 AM
Posts: 14,
Visits: 0
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| Mr. Whitehouse, I went to the North Carolina forum and posted the question. I could not even see where my post even appeared. Could you help me? I just have a hard time navigating this board. Thank you. J.R.
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