My mom and step dad have kept all of their financial assets totally separate during their marriage. Will her assets count for his Medicaid?

Also keep in mind that value of home affects LTC Medicaid eligibility.

yeah by & large Medicaid allows them to keep owning their homestead while in a facility & on LTC Medicaid. BUT the home MUST be under whatever maximum property value your states Medicaid program has set. For most states the max value is 500k/550k; some states- primarily upper E coast ones - have max value at 750k/850k.

If your parents bought their home in the 1950-60-70s, they could have maybe got it under 100k - 150k. But now if its in a hot area for gentrification or tear downs, it could easily have a tax assessor value over the state’s Medicaid limit. Often they don’t notice the value creep as their taxes are fixed as it’s their primary residence with over 65 & homestead exemptions. They haven’t challenged the assessment as it doesn’t effect what taxes they have to pay. Really if your folks are maybe needing g LTC Medicaid in the near future look at their taxes and challenge the assessment if it seems inaccurate for a house with years of delayed maintenance. Most assessor paperwork goes out early spring for hearings challenges done over late spring & summer.

Definitely contact an attorney. The sooner the better. The idea of a non revocable trust is a good idea but it is probably to late because Medicaid has a 5 year look back. An Elder Law attorney will be able to help protect anything that can be protected.

A house is a non countable asset as far as Medicaid goes. You'd be best to consult an elder law attorney for the rest of your questions.

Depends on the state. I would consult an attorney the reason for this is they can set up a trust on your Moms money and it will not be considered in your stepdad's Medicaid/Medi-Cal eligibility.

Are they married? Legally, the assets probably belong to both of them.

My sister and her DH kept their monies separate - but when one passed, the other had full rights to all the assets.

When my DH got Veteran's Benefits, they required me to reveal all my personal assets, meaning my IRA which legally no one could touch while I was alive.

Lets forget about Mom owning the house.

The house is not considered an asset. Mom can remain in the house and have a car. When Dad passes, a lean maybe put on the house but it won't have to be satisfied until the house is sold or Mom leaves it. She is the Community Spouse and as such won't be made impoverished. Normally, assets are split, with Dads half having to be spent down. Lots more involved and really in Moms circumstance I think a lawyer is needed.

Depends on the state but Ohio they go by all household assets.

Seek advise from a good elder law attorney.

Yes...They are Considered married with Assets Separate....

Medicaid is managed by the state, so each state has slightly different laws. But I agree with other posters that your mom is married to your stepdad, so her assets are considered his as well by Medicaid.

This is the reason why many couples file for divorce to protect the healthy spouse’s assets. But doing do will take away over 1300 spousal rights that come with marriage.

Do your parents have living wills and power of attorney docs, etc?

Yes. Because they are married, Medicaid will look at all assets. Please seek legal advice from an attorney who specializes in Medicaid.

What is mom's is also stepdad's. Medicaid will not even consider prenuptial agreements. Check out this site for Medicaid. Very good information.

https://www.medicaidplanningassistance.org

But mom needs to see an elder law attorney that specializes in Medicaid.

You need to see an eldercare attorney because Medicaid has variations of law in every state. I am no attorney or expert but my understanding is that Medicaid considers "household income" and I have known people to have gotten DIVORCED just so they can get on Medicaid. I know a woman who married a man who was on Medicaid and once married he was taken off of because the household income was too high. I am assuming they both have income coming in.
https://www.agingcare.com/Articles/divorce-husband-eligible-for-Medicaid-153274.htm

If you are considering nursing home, know they are like roach motels where you check in and don't check out--that's why they get sued all the time. If she is able to care for him at home that's best..however..if not..good luck. Medicaid is complicated and even if he dies they will seek reimbursement known as estate recovery law.
https://www.elderlawanswers.com/medicaids-power-to-recoup-benefits-paid-estate-recovery-and-liens-12018

Sometimes in life the LESS you own the better off you are.

I haven't a clue, is why I'm asking - will how long they've been married make any difference?

From what I understand once your married more than some amount of years some things are screen as intertwined.

I think Mom needs to see a lawyer that is versed in Medicaid. Every couple is different. If she owned assets before the marriage they may not count. The house is never part of the assets but Mom the only owner it may not have a lean put on it upon Dads passing.

All the couples assets are considered joint for LTC Medicaid but income is viewed separately. Anything that’s tied to either of their SS# will be part of his eligibility review.

However, Your mom would be considered a “community spouse” (CS) if she’s going to continue to live in her home and not herself be going into a LTC facility and applying for Medicaid herself. As a CS, Medicaid does not expect her to become impoverished per se in order for him to be eligible. But just how to do this and do it so that it’s compliant for how Medicaid runs for their state Medicaid LTC program will not be simple & imho never a DIY for couples Medicaid planning. It’s a complicated challenge and especially so if she owns property beyond a single home that they live in and has a homestead exemption (which it sounds like is the situation). They need to find a NAELA or CELA level of elder law attorney imho. This site has a list by state via links on the bottom of this page.

I’d suggest you have them get on meeting with an atty ASAP as LTC Medicaid applications for couples does a “snapshot” day to which all assets are affixed to. It’s usually the date the application is filed. So if there are things that need to shift / move & clear banking / filing / registration, it needs to happen way WAY before snapshot gets done. Realistically It may be that he will be private pay for a period of time.

Also if your mom is kinda right behind your step dad in herself needing care, the atty may approach planning differently. It would be good for you to take a reality check of what both her & his likely next few years may be. Yeah it’s hard to do, but will be important to do. Where he is now probably has a current needs assessment profile for him. If your mom is frail herself, she may need to get one done. The atty will have suggestions as to who to contact for this.

As an aside, where is his family in all this?
If he has children from prior marriages or siblings and your mom does actions that cuts him out of what she/you view as “hers” solo, you all may find a whole additional sh** show to deal with.

debehahn, this can become complex. I would highly recommend making an appointment with an Elder Law Attorney to help navigate the maze called Medicaid.

Keeping finances separate doesn’t matter here because if one spouse applies for Medicaid, both spouses assets have to be disclosed. Medicaid doesn’t make a distinction between separate property.

Yes...it is the total assets of the couple that Medicare counts.

depending on the state, the home they lived in together is exempt. A car is exempt. And somewhere between $90,000 and $120,000 is exempt,

the income however ever is considered separate. Unless the spouse that remains in the community does not have enough income of their own...then, about $2,000 monthly is allowed from the income of the spouse entering the NH....again, state dependent.