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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118688
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If my spouse has go to a home and we 't have insurance can

Customer Question

If my spouse has go to a home and we don't have insurance can the take our money or seek our assists
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under medicaid rules, before you can qualify him for medicaid you have to spend down your assets for his care, HOWEVER, you are entitled to keep about $2900 per month for your spousal support. Your home is also protected as your primary residence and is not considered, but medicaid can place a lien on your spouse's share of ownership which would be collected on when the home is ever sold. If you have at least 5 years before your spouse would need long term care, you need to consider transferring all of the assets out of your spouse's name and putting them into an irrevocable trust, which medicaid cannot touch, or putting them in the name of a child or children. There are some people who also decide to divorce for only the purposes of saving assets and not having to give them over to medicaid.
If the saving of assets is a concern for you, then planning as soon as possible is necessary, at least 5 years before care is needed, because medicaid can penalize you for any transfers of assets within 5 years of applying for benefits and if you wait too close to when your spouse needs benefits, they will make you spend most of your assets on the care before medicaid provides assistance.