Elder Law Answers
Using an Annuity to Keep the Spouse of a Medicaid Applicant from Becoming Impoverished
When one spouse qualifies for Medicaid to pay for a nursing home stay, the spouse who is at home is often left without man...
Read moreCan a Medicaid Applicant Pay Off a Jointly Held Mortgage As a Spend Down?
- May 12th, 2016
Q
I purchased a home with my father. We both live in the home and are both on the mortgage. Is my father allowed to pay off the mortgage as a way to spend down his assets to the point that he can qualify for Medicaid’s long-term care coverage?
A
He could probably pay off half the mortgage, but paying it all might be considered a gift to you. You will need to consult with a local elder law attorney to have a better idea of how this would be treated by your state’s Medicaid agency. Also, if you have lived together for more than two years and if your father needed care from you for at least two years, you might qualify for an exception to the usual transfer rules. Again, a local elder law attorney could advise you on this. To find an attorney near you, go here: http://www.elderlawanswers.com/elder-law-attorneys.
For more information about Medicaid’s spend-down rules, click here.
Local Elder Law Attorneys in Ashburn, VA
Meet Evan Farr
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Evan Farr
Farr Law Firm
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
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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 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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