Elder Law Answers
What Happens to a Medicaid Recipient If the Community Spouse Dies First?
When one spouse is in a nursing home and applying for Medicaid, planning has to take into account the possibility th...
Read moreWhat If a Medicaid Recipient Dies Before an Immediate Annuity's Term Is Up?
- August 27th, 2013
Q
Suppose a person has an immediate annuity with 10-year term certain. If after 5 years, the annuitant dies and has been in a nursing home covered by Medicaid, will the second beneficiary be able to receive the next 5 years of annuity payments or do they become the property of the state?
A
That depends on how the state is applying federal law. Under the federal Medicaid law, the state is supposed to be reimbursed out of the future annuity payments for whatever it had paid out for the now-deceased nursing home resident's care. Only after such repayment has been made may future annuity payments, if any, go back to the family. However, not all states are applying this provision, so you will need to consult with a local elder law attorney to be certain.
Local Elder Law Attorneys in Ashburn, VA
Meet Loretta Williams
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Loretta Williams
Hale Ball Carlson Baumgartner Murphy PLC
Loretta Morris Williams is a certified elder law attorney by the National Elder Law Foundation. Ms. Williams was admitted to the Council of Advanced Practitioners, National Academy of Elder Law Attorneys (NAELA) in 2012. She serves as President of the Virginia Academy of Elder Law Attorneys. Ms. Willia...
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Meet Samantha Fredieu
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Samantha Fredieu
Hale Ball Carlson Baumgartner Murphy PLC
Attorney Samantha Simmons Fredieu is an associate at Hale Ball. Ms. Fredieu graduated magna cum laude from Vermont Law School where she was the symposium editor on the Vermont Law Review, a production editor on the Vermont Journal of Environmental Law, and a member of the Moot Court Advisory Board. She has clerked for...
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Meet Ron Landsman
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Ron Landsman
Ron M. Landsman, P.A.
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
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