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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36588
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My father in law developed alziemers and was put in an

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my father in law developed alziemers and was put in an instatution my mother in law has been paying out of pocket 8000 amonth for over a year she is running out of money so my question is since in pa he is entitled to half the estate who determins what that half is and at what point she is no longer financially liabil

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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The problem with situation is that they would only divide up their assets if there was a divorce. If they remain married, then mother in law would be obligated to continue to pay for his care until she exhausted their assets down to a level where Medicaid would kick in. That level in PA is $119,220, exempting the house, as of 2016, for the spouse, and $2,000 for the applicant. So if they had $242,000 roughly when they applied for Medicaid to pay for his care, they would need to spend down to $121, 220 and then Medicaid would kick in to pay for benefits from then on.

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This is a good source for information and the maximum and minimum allowable assets..

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http://www.elderlawanswers.com/key-medicaid-information-for-pennsylvania-for-2016-12222

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So if their assets are near or below $242K exempting the house, then she really needs to talk to a local elder law attorney about filing for Medicaid to kick in to pay for husband's care so she doesn't spend money that she doesn't have to on his care..

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thanks

Barrister

Customer: replied 5 months ago.
when you say the home is exempt what if its a farm

Same thing.... the person's "homestead" is exempt from being considered a "countable asset"

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thanks

Barrister

Barrister and 2 other Estate Law Specialists are ready to help you