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Couple on medicaid: what happens to assets when one spouse dies?

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jmurs116

Junior Member
What is the name of your state? New York

I have called Medicaid lawyer but no response yet.
My parents are in nursing home together,both on Medicaid. They both have wills.
What happens to money belonging to the spouse who dies? What happens to the money when the other spouse dies?
They are only allowed to have a certain amount. Does the survivor have to get a lawyer to get the money? Do they go by the wishes in the will?
It wouldn't be much money. Would the home get it?
I have power of attorney. Can I protect their money some how?
thanks
 


BlondiePB

Senior Member
What is the name of your state? New York

I have called Medicaid lawyer but no response yet.
My parents are in nursing home together,both on Medicaid. They both have wills.
What happens to money belonging to the spouse who dies? What happens to the money when the other spouse dies?
They are only allowed to have a certain amount. Does the survivor have to get a lawyer to get the money? Do they go by the wishes in the will?
It wouldn't be much money. Would the home get it?
I have power of attorney. Can I protect their money some how?
thanks
If they don't have much money, why would that menial amount need protection? :confused:
 

jmurs116

Junior Member
Don't understand your logic

Why wouldn't I want my parents money protected?
Wouldn't you?
Wouldn't you want your money protected whether it is a few hundred dollars or thousands it belongs to them not the gov't or the home.
I am sorry but your answer is very insensitive.
Please do not reply
 

divgradcurl

Senior Member
Wouldn't you want your money protected whether it is a few hundred dollars or thousands it belongs to them not the gov't or the home.
It probably DOES belong to the government, because the government (the taxpayers of this country) are paying for their healthcare. Unless they had a trust set up years before they needed to take advantage of medicare, any assets either of them have will first go to reimburse the government for the medicare expenditures.

If there estate is large enough, it might be worthwhile to talk with an estate planning specialist -- but there is probably little to be done at this late date.
 

anteater

Senior Member
It probably DOES belong to the government, because the government (the taxpayers of this country) are paying for their healthcare. Unless they had a trust set up years before they needed to take advantage of medicare, any assets either of them have will first go to reimburse the government for the medicare expenditures.

If there estate is large enough, it might be worthwhile to talk with an estate planning specialist -- but there is probably little to be done at this late date.
If the OP is stating the situation accurately, it is way past late for estate planning and there will be nothing for the government to take. What are the qualifying limits for Medicaid now? $2,000 in assets, a prepaid funeral, and some minimal amount of cash value insurance?
My parents are in nursing home together,both on Medicaid.
 

BlondiePB

Senior Member
Why wouldn't I want my parents money protected?
A couple/few thousand dollars is nothing to protect when elders' final expenses come due. That money must go to their creditors.
Wouldn't you?
Nope. The right thing to do is to use my mom's money for her expenses. I'm not entitled to any inheritance or any monies upon her demise just for being an issue.
Wouldn't you want your money protected whether it is a few hundred dollars or thousands it belongs to them not the gov't or the home.
Let's see, two parents in a nursing home is costing the taxpayers more than $10,000.00 per month. How the heck can anyone justify protecting a few hundred or a few thousand dollars so that money can become an inheritance. As anteater correctly pointed out, there is an allowable amount in bank accounts for those who receive Medcaid making your entire point moot.
I am sorry but your answer is very insensitive.
Your confusing insensitive with the truth, though the truth isn't what you want to hear.
Please do not reply.
:p
 

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