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CarolGarr Asked May 2013

Is there a 5 year look back on stocks?

I can't work & have a husband with Alzheimers so I put these in my name. Will I lose them? I am 75 & just had stocks put in my name. Will I lose these if my husband has to go to a nursing home? A neighbor just told me there is a 5 year look back if you transfer money before 5 years. I can't put up with this for 5 more years & need some help.

EXPERT K. Gabriel Heiser May 2013
A spouse in the community (where the other spouse is in a nursing home) is entitled to retain one half of all the assets of both spouses, up to a maximum of $115,920. In some states the community spouse is entitled to keep the first $115,920 without dividing in two. So, depending on your state and the value of the stocks, you may be able to retain all of the stocks and still have your husband qualify for Medicaid.
As for the "five-year rule," that does not apply to transfers between spouses. For transfers from you or your husband to someone else, however, that rule states that all gift transfers made by either of you within five years of applying for Medicaid will result in a disqualification ("penalty") period: the more that is transferred, the longer the penalty period. The exact penalty period is calculated differently state-by-state.

CarolGarr May 2013
Thank you. That helps a lot. A neighbor was living with her mother who owned the house & they ended up losing the house because her mother has to go to
a n. home. She told me to get everything in my name. The house will be finally mind next March. I have to have a place to live so that was a concern, plus, I have to have enough to live on. I'm 75. Thanks for your help. Carol

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