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 John Laster
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John Laster
Law Offices of John L. Laster
John Laster is a lawyer licensed to practice in Virginia, Maryland and the District of Columbia. He limits his practice to wealth transfer planning, trusts, wills, powers of attorney, health care decision-making issues, estate administration and related tax, elder law and disability concerns. Listed in The Best Lawyers...
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Meet Margaret O'Reilly
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Margaret O'Reilly
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
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Meet Judith Mitnick
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Judith Mitnick
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
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