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Elder Law: Can Medicaid Take Your House?
Nursing home residents do not automatically have to sell their homes in order to qualify for Medicaid, but that doesn't me...
Read moreCan Medicaid Collect From Estate if Community Spouse Dies?
- May 20th, 2024
Q
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?
A
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, check out this article.