Elder Law Answers
Will Medicaid Count a Spouse's Assets If the Husband and Wife Live Separately?
My father-in-law recently moved into our home after his wife's daughter would no longer look after him. He is 81 and has b...
Read moreDoes Medicaid Count a Spouse's 401(k) When Determining Eligibility?
- April 13th, 2018
Q
Is the community spouse's 401(k) considered an asset when the state determines an applicant's eligibility for Medicaid?
A
That depends on the state. For example, in Massachusetts the answer is "yes" -- 401(k)s and IRAs are counted like any other asset. But in some other states, the spouse’s retirement assets may not be counted. There is one rare exception in Massachusetts: If the spouse is still working and the retirement plan is connected with her employment, then the retirement plan won’t be counted. Given that the rules differ from state to state and that sometimes various exceptions do apply, you will need to consult with a local elder law attorney to be certain. To find one near you, go here: https://www.elderlawanswers.com/USA-elder-law-attorneys.
Local Elder Law Attorneys in Ashburn, VA
Meet Jean Ball
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Jean Ball
Hale Ball Carlson Baumgartner Murphy PLC
Jean Galloway Ball is certified in Elder Law by the National Elder Law Foundation. She is a 1977 honors graduate of the National Law Center, George Washington University, and she did her undergraduate work at the University of California at Berkeley, graduating Phi Beta Kappa in 1971. She is admitted to practice in Vir...
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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 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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