Is the community spouse's 401(k) considered an asset when the state determines an applicant's eligibility for Medi...Read more
We can’t tell you how Texas applies the Medicaid rules, but it would be surprising if the state took your father-in-law’s wife’s assets into account when looking at his Medicaid eligibility. You should be able to explain the circumstances and clarify that they live separately. The state may or may not want some proof of the situation. And they may or may not want your father-in-law to sign over to them any rights he may have to spousal support. So these may be hoops you’ll have to jump through, but they shouldn’t ultimately affect his eligibility for benefits. A Texas elder law attorney could give you more definite advice about local practices. To find an attorney in Texas, go here: http://www.elderlawanswers.com/texas-elder-law-attorneys.
For more about Medicaid's rules, click here.
Local Elder Law Attorneys in Ashburn, VA
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...
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...
Medicaid Rules, etc