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Loren, Attorney
Category: Estate Law
Satisfied Customers: 28514
Experience:  30 years experience in the practice of estate law.
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Pa medicaid question. If medicaid kicks in nursing home

Customer Question

Pa medicaid question. If medicaid kicks in for parent nursing home costs after sufficient asset spend down, can state recover life insurance procceds after death if primary beneficiaries were children?
Submitted: 4 months ago.
Category: Estate Law
Expert:  Loren replied 4 months ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.

No, the beneficiaries of life insurance are not legally required to turn over the policy benefits. They are not assets of the estate and only the assets of the medicaid beneficiary's estate are subject to attachment for reimbursement.

Expert:  Loren replied 4 months ago.

Did you have further questions? Have I answered your question?

Customer: replied 4 months ago.
If a house is in both parties name can the 5 year lookback be avoided by adding a childs name as joint tenants with right of survivorship or ten ent
Expert:  Loren replied 4 months ago.

Thank you for following up.

No, adding anyone to title would still trigger the 5 yr lookback.

Customer: replied 4 months ago.
If property was already transferred to child and one jt owner survives past look back period would full value be recovered by medicaid fir deceased owner who received benefits. Would a lien be placed preventing sale?
Expert:  Loren replied 4 months ago.

The look back period only affects eligibility, not reimbursement. If the property is transferred after the lien is placed then it remains subject to the lien.

If assets are transferred for less than market value during the look back then it will be added back and the commencement of medicaid will be delayed. If medicaid had already started then it could trigger an interruption.

Customer: replied 4 months ago.
House is only valued $36 000. Already in one childs name for 2 years.
15k more to spend down but medicaid didnt give straight answer.
Expert:  Loren replied 4 months ago.

If the property is in joint tenancy then the state may seek to recover the value of the retained interest, but the surviving joint tenant is still in title. They may need to refinance after the death of the medicaid beneifciary.

Additionally, if there is a surviving spouse, medicaid will not take recovery action while the surviving spouse is living in the home.

Expert:  Loren replied 4 months ago.

You may want to speak to an estate planner about the possibility of using a retained life estate to protect the asset.

Expert:  Loren replied 4 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.

Expert:  Loren replied 4 months ago.

Are you still online with me?

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