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Father-in-law is on Medicaid, well spouse lives in apt in sons name. Estate of FIL considers of Term life insurance with spouse and son as beneficiary, pension goes to well spouse 2017 car financed in wife's name only. What can Medicaid take back.

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Barbbrooklyn. No I didn't see a eldercare lawyer I'm a diy person.
I am named survivor on his pension
I allready get it under spousal improves ment program
To Katiekate.
The insurance is term and has no cash value i and my son are named beneficiary. His pension is higher then Mil. The apartment was transferred to son in 2008 it is a coop. FIL applied for Medicaid in 2015. MIL pays the maintenance.
Pamstegma.
Thank you. The only help we had was attending a retirement seminar run bye the department. FIL was a federal employee. The only thing I can see them taking back is his supplemental pension and his SS. The total together comes in today's dollar is less then 250.00 a month.
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charko, I am in NY and I don't see anything that can be taken back. Good planning on your part.
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Medicaid considers the married couple to be financially in it together.

The life insurance...does it have a cash value ? The cash value..it is half the spouses..... Depending on the value. Say it is for $500,000. Then 250,000 is the spouses (half...other half belongs to son). If Medicaid limit on assets for community spouse is 100,000 then the remaining $150,000 is subject to recovery The pension is the FIL pension? Or is it just her pension? If it is his pension..then only a part of that will be allow to the community spouse. Typically the community spouse can keep $1000 in monthly income. So say she has social security of her own for $1500 and his pensions is for $2000. She will keep her on income and up to 1000 of that pension. If it is her pension alone....then she keeps it all.

The apt. Is it owned or rented? Was it ever owned by Mom or FIL? If so..then unless the transfer of title was more than 5 years before FIL went on Medicaid...the entire value will be considered in the spend down for Medicaid.

So...all,this only applies to someone over the age of 65. For those who are on Medicaid below that age...the states have yet to figure out how/when to implement recovery for those on ACA/Medicaid expansion. The federal law requiring the states to do estate recovery were not changed ... So no one knows how/if states will deal with it.
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Did you consult an eldercare attorney before applying for Medicaid?

I assume fil's pension is going to spouse due to spousal impoverishment rules. I also assume pension will stop when fil dies.

As far as i know, the only insurance that avoids recovery by merp is the type that is irrevocable funeral insurance. If fil is on medicaid, he is impoverished and there should be know assumption by anyone that there will be an inheritance.
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