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socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 37948
Experience:  Retired (mostly)
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01 November 2015 02:11 I think I do need a little more info.

Customer Question

01 November 2015 02:11 I think I do need a little more info. The medical bills paid were for my mother. The accounts were in her name. My father is in the nursing home. Do I need to let the state know about the funds? Will I need to pay them half of the
funds, even though I used them for medical bills? Will there be a penalty, lack of coverage or being required to reimburse for past expenses paid for my father from the state?
Submitted: 1 year ago.
Category: Estate Law
Expert:  socrateaser replied 1 year ago.

Hello again,

If the accounts were available as "community spouse" assets, and the amount of assets permitted by the state to be retained by your mother is exceeded by the amounts in the accounts (whether or not spent on anything), then you could be assessed a penalty.

You need to disclose the accounts and their amounts. I doubt that you will be penalized. But, if you don't disclose, and the state independently discovers the accounts, then you could be in hot water.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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Customer: replied 1 year ago.
Are community spouse assets outside of the funds spilt between my parents? The $21,000 was not divided, but is in the limits of community spouse assets. So my mother can keep the funds and all I need to do is report them to the state
Expert:  socrateaser replied 1 year ago.

Yep. That's correct.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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