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 moreTax Refund Pushes Medicaid Recipient Above the Program's Asset Limit
- August 1st, 2014
Q
My father-in-law is in a nursing home and is receiving Medicaid benefits. When we had his taxes done this year, he had a refund of $3,000. I know he cannot have more that $2,000 in his account and remain eligible for Medicaid. What do we do at this point?
A
In this kind of situation, we advise clients to spend down the money over $2,000 before the end of the calendar month in which the funds are received. For instance, if the money arrives on June 13th, it must be spent down by June 30th. Then, we inform the state Medicaid agency in writing about everything that happened, sending the letter by certified mail. Technically, the funds your father-in-law received were income that should be paid towards his care, but in practice our state’s Medicaid agency has never asked for the payment. We recommend that you check with your state Medicaid agency or a local elder law attorney to make sure this practice works in your state.
For more on how Medicaid treats income, click here.
Local Elder Law Attorneys in Ashburn, VA
Meet William Fralin
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William Fralin
The Estate Planning & Elder Law Firm PC
Bill founded The Estate Planning & Elder Law Firm, P.C. in 1994. Bill limits his practice to the areas of estate planning and administration, incapacity planning, Medicaid, asset protection planning, and elder law. He is one of (15) fifteen attorneys practicing in Virginia, Maryland and the District of Columbia, ce...
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Meet Ron Landsman
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Ron Landsman
Ron M. Landsman, P.A.
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
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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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