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Q&A: Medicaid Rules

 

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Q:

Can a Spouse Sell a Home After the Medicaid Recipient Has Died?

My mom and dad jointly owned a home in Arkansas. My dad just passed away after having to spend some time in a long-term care facility that required him to sign up for Medicaid. The house is falling into disrepair and I would like my mom to move somewhere that requires less maintenance and is closer to family. She can't afford to move without selling her current home. Is she allowed to sell the home or is the state waiting to take it?

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tags: Medicaid Rules
Q:

Does Medicaid Count an UTMA Account If a Grandparent Contributes to It?

Are Uniform Transfers to Minors Act (UTMA) accounts that are owned by a child counted by Medicaid towards a grandfather's eligibility if the grandfather is the custodian? Also, does Medicaid include the grandfather's contributions in the five-year look-back?

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tags: Medicaid Rules
Q:

Once a Nursing Home Resident Qualifies for Medicaid, Are There Any Rules on the Remaining $2,000 in Assets?

Once a patient in a nursing home reduces assets to qualify for Medicaid, what are the regulations on the remaining cash ($2,000 in my state) in the bank account?

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tags: Medicaid Rules
Q:

Can Medicaid Force the Sale of a Car That Is in My Father's Name Even Though I Make the Payments?

My father was placed in a nursing home six weeks ago and he will be applying for Medicaid. He has two cars: a truck that is paid for and the car I drive. The car is in his name, but I make the monthly payments. I have about a year of payments left on this car. Will Medicaid take both of these vehicles, or is the one I drive OK because I'm still paying on it? He owns no other property.

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tags: Medicaid Rules
Q:

Must an IRA Inherited from Father Be Used to Pay Mother's Medicaid Bill?

I have a client whose father was a resident of Arkansas and passed away recently. The son is the beneficiary of his father's individual retirement account (IRA). His mother is in a nursing home on Medicaid, also in Arkansas. Will Medicaid come after the son for the inherited IRA assets and force the son to give up those assets to pay for the mother's care?

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tags: Medicaid Rules
Q:

Can a Medicaid Recipient Allow Someone to Live in Her House Rent-Free?

Can someone on Medicaid allow a grandchild to live in her house and not pay rent, just maintain the home?

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tags: Medicaid Rules
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

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