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Will welfare go after my mom's estate to pay for my fathers medicaid?
Anonymous2 views2 answers
They were seperated for 10years prior to my father going into a home. The house was my mothers but still deeded in both of their names. It was forclosed on before my father passed. My mom has under 10,000.00 in checking. Will welfare take it to pay for my fathers nursing home.
Generally when a house is the name of two spouses, that house is exempt from recovery by the Pennsylvania Department of Public Welfare until the latter of two events: 1) death of the person on benefits or 2) death of the community spouse.
There are estate planning avenues to pursue that may permit your mother to protect 100% of the house. However, your question is a little more complex due to your parent's separation. Due to their separation, there are a number of questions:
1) were your parents separated or divorced?
2) were divorce proceedings ever started?
3) were there any marriage settlement papers signed?
I would recommend speaking to an estate planning attorney in your region to discuss all facts that could affect how property is titled to both your father and mother.
Attorney Cronin has sound advice. However, where your concern involves Medicaid recovery, you should consult an elder law attorney. While some estate planning lawyers are familar with Medicaid planning, elder law attorneys are more likely than trust and estate lawyers to deal with Medicaid planning and recovery. Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (L.L.M.) in Taxation from N.Y.U. School of Law.
