Elder Law question:My husband will need a nursing home in the future, he has Alzheimer's. All monies have been in my name since 1999. Will he qualify for Medicaid as his only income is Social Security.
State/Country relating to question: New Jersey
Consult with Elder Law attorney and Divorce attorney.
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.Even though the money is in your name, it is still considered marital property and he is entitled to his share. You are the "community spouse". Medicaid provides some protections for the spouse of a nursing home resident to make sure that he or she has the minimum support needed to continue to live in the community. If the Medicaid applicant is married, the countable assets of both the community spouse and the institutionalized spouse are totaled as of the date of "institutionalization," the day on which the ill spouse enters either a hospital or a long-term care facility in which he or she then stays for at least 30 days.
In general, the community spouse may keep one half of the couple's total "countable" assets up to a maximum of $113,640 (in 2012). Called the "community spouse resource allowance," this is the most that a state may allow a community spouse to retain without a hearing or a court order. The least that a state may allow a community spouse to retain is $22,728 (in 2012).
Example: If a couple has $100,000 in countable assets on the date the applicant enters a nursing home, he or she will be eligible for Medicaid once the couple's assets have been reduced to a combined figure of $52,000 -- $2,000 for the applicant and $50,000 for the community spouse.
Medicaid rules are complex and change often. It all depends on when the party enters the nursing home and files for benefits.
Attorney with experience in wills, estates and trusts
Even if the money was in my name PRE-MARRIAGE?. House, which was sold in 2007 was only in my name as was all cash and stock.
Medicaid disregards XXX XXXX that assets are separate property. Medicaid simply looks at the combined assets of both spouses when determining whether a married person qualifies for Medicaid.
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