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If the Community Spouse Dies Before the Medicaid Recipient, Can Medicaid Collect from the Spouse's Estate?

  • November 23rd, 2016
My father-in-law lives at home, while his wife is in a nursing home and has been approved for Medicaid (in Medicaid jargon, my father-in-law is the “community spouse”). He has recently become seriously ill and is not expected to survive his wife. His only asset is a bank account held in his name with his son (my husband). Does Medicaid have a claim to any money left after he passes?

Medicaid only has a claim on assets that pass to your mother-in-law. It does not have a claim on assets that pass to others. It sounds like that your father-in-law’s only property is a joint account with your husband. If this is the case, at your father-in-law’s death, this will pass to your husband and will not be subject to claim by Medicaid. For more information about joint accounts, go here: http://www.elderlawanswers.com/understanding-tenancy-the-different-ways-to-co-own-property--5842.


Local Elder Law Attorneys in Ashburn, VA

Judith Mitnick

Needham Mitnick & Pollack, PLC
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Law Offices of John L. Laster
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Last Modified: 11/23/2016

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