QUESTION

Do I have to spend down one half of my IRA when my wife goes into a nursing home to get Medicade?

Asked on Dec 13th, 2013 on Litigation - Nevada
More details to this question:
N/A
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6 ANSWERS

Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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You need to consult the state agency who administers Medi-cal for the answer to your question.
Answered on Dec 19th, 2013 at 7:23 AM

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One half of all of the assets you and/or your wife own can be retained by you (up to a maximum), one half will have to be spent. So, yes, this includes your IRA. This one-half spend-down doesn't go asset by asset, it's just on the total, so if you have other funds you can spend and preserve the IRA, you can. If you do spend out of the IRA, make sure you have tax withheld, both federal and state; you don't want to complete your spend-down and then run into a tax liability. Medicaid planning and the spend-down is complicated, and you don't necessarily get complete and ideal advice from Senior Services.
Answered on Dec 18th, 2013 at 10:16 PM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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There are other alternatives, but this is not something you should attempt to deal with on your own. The area of law is immensely complex and is a legal minefield.
Answered on Dec 18th, 2013 at 10:10 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You need to talk with your local Medicaid administrators. Part of me would say that since it is your 401k, it should not apply, but I don't know how your state handles that. After you talk with them, find a local attorney who handles elder law issues and see what can be done.
Answered on Dec 16th, 2013 at 11:41 AM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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Not sure what you mean by your 1/2. If it is your IRA you do not have to spend it down. If it is her's, it may need to be spent down or it may be exempt based on the circumstances.
Answered on Dec 16th, 2013 at 10:32 AM

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Probate Attorney serving Las Vegas, NV
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You should discuss your options with an elder law attorney. You may be able to use an asset division. Your questions cannot be answered without knowing all of your assets and income. Seek legal counsel.
Answered on Dec 16th, 2013 at 10:32 AM

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