Would we qualify for a hardship exemption? - AgingCare.com

Would we qualify for a hardship exemption?

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My mom died last year and we've been notified of the intent to file a MERP claim. The bank account that mom left behind is actually a joint account owned by her and me. Information online says that they cannot make a claim on a joint account still owned by a survivor, and that they cannot make a claim against survivors, only the estate. I did report the amount of money that belonged to her, actually all of it was hers (we created the account when she got the diagnosis of Alzheimers so I could help her as her condition worsened); would I still have to hand that over, or is it all technically mine now? My husband and I make only about $40k per year, combined.

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Ok, I was actually prepared to hand it all over but my husband saw that information online and said we should fight it if we can. Mom received a large back payment for a widow's benefit that she had been denied for several years, just before she died, otherwise there wouldn't be enough to bother over. I guess I should talk to an attorney or just let it go.
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is for your mom's assets ... not if (typo sorry)
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If her social security number was associated with the account then Medicaid considers that asset 100% hers regardless if it is a joint account or not. This is why accounts like this should be set up as the parents account, with the child as an authorized signor, not an owner...and monies belonging to the child would never go into this account. You could have serious problems with MERP repayment. It doesn't matter how much you or your husband make...this recovery if for your mom's assets for her care that was already provided...it has nothing to do with your income or what you perceived your inheritance should be.

Depending on how much money is in this account, if it is a significant amount you should see an Elder Law Attorney to help you through this.

Angel
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