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Q&A: Medicaid Rules

 

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Q:

If the Community Spouse Dies Before the Medicaid Recipient, Can Medicaid Collect from the Spouse's Estate?

My father-in-law lives at home, while his wife is in a nursing home and has been approved for Medicaid (in Medicaid jargon, my father-in-law is the “community spouse”). He has recently become seriously ill and is not expected to survive his wife. His only asset is a bank account held in his name with his son (my husband). Does Medicaid have a claim to any money left after he passes?

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tags: Medicaid Rules
Q:

Can a Medicaid Recipient's House Be Transferred to a Caregiver Child After the Recipient's Death?

My sister moved from out-of-state to live with our dad and care for him. She lived with him for more than two years, which delayed a move to assisted living. After eventually going into assisted living, he received Medicaid until his death in June 2016. Upon his passing, the Medicaid office notified me, as executor, that there is a lien on the home that will need to be paid. However, we discovered that my sister meets the requirements under the caregiver exception in the Medicaid rules. Can I, as the executor, transfer the house under the caregiver exception and avoid the lien?

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tags: Medicaid Rules
Q:

Will Gifting a Car Cause a Medicaid Penalty Period?

Can my mother gift her car to my daughter without worrying about the five-year look-back period if she applies for Medicaid?

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tags: Medicaid Rules
Q:

Do We Have to Sell My Mother's House for the Tax-Assessed Value to Avoid a Medicaid Penalty?

We are in the in the process of trying to sell mom's home to help cover her nursing home expenses. Our realtor told us that because of the home's dated condition, we won't be able to get the tax-assessed value. If this is the case, will there be an issue with Medicaid when my mom's money runs out? We are under the impression that we need to sell for no less than the assessed value.

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tags: Medicaid Rules
Q:

What Can I Do if My Father's Income Is Too High for Medicaid, But Too Low for Nursing Home Costs?

My father is in serious need of nursing home care. However, his pension income is too high for Medicaid, but too low for nursing home costs. Is there anything our family can do?

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tags: Medicaid Rules
Q:

Will Momís Utility and Tax Payments on a House She Transferred Count as Gifts?

My mother turned her home and the farm over to me and my two brothers more than seven years ago, but she continued to pay the utilities and taxes on the property. She is now in a nursing home and will be applying for Medicaid within the year. Will the money she spent during the look-back period on taxes and home utilities have to be paid back or count as penalties for Medicaid?

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tags: Medicaid Rules
Q:

Do VA Aid and Attendance Benefits Count as Income for Medicaid Eligibility Purposes?

Are U.S. Department of Veterans Affairs (VA) Aid and Attendance pension benefits excludable as countable income for Medicaid eligibility purposes? How about Social Security?

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tags: Medicaid Rules
Q:

Can Property in an Irrevocable Trust Be Sold or Gifted Without Restarting the Medicaid Look-Back Period?

My parents have an irrevocable trust that contains land, money, and real property. It was set up as part of Medicaid planning. If the trustees sell a part of the land, would it reset the five-year look-back period? Also, does this land have to sell at "market" value or can it sell to family at a discounted price? Finally, could this land simply be gifted without resetting the five-year look-back period?

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tags: Medicaid Rules

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