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 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 Daniel Steven
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Daniel Steven
Daniel N. Steven, LLC
Daniel N. Steven is an attorney licensed in Maryland and the District of Columbia. with many years of experience in complex estate planning and Elder Law. He is rated by Martindale-Hubbell as an AV Preeminent 5.0 out of 5 rated attorney.
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Meet Mindy Felinton
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Mindy Felinton
Felinton Elder Law & Estate Planning Centers
Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...
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