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Estate Planning - Protecting Your Assets from the State

It isn't just the US Government waiting furnishings and personal effects. In
out there to grab a chunk of your hard some states, the remaining spouse's IRAs
earned estate when you become are exempted, as well. The non-ailing
incapacitated or die. Strangely enough, spouse is then entitled to half of any
state coffers are frequently enlarged remaining assets, subject to minimum and
through the mechanism of Medicaid. When maximum limits, while the other half must
someone requires long-term care in a be spent on the nursing home care.
nursing home, unless he or she has a In addition, income like Social Security,
private long-term care insurance policy, some pensions, and some interest
their whole estate may belong to the dividends are subject to "maintenance
state when they pass on. allowance," rules designed to allow the
Nursing home care is not free, even in healthy spouse enough money to live on.
county or state operated facilities. If, for example, the Social Security
Someone, somewhere, has to foot the bill. Income or other pension income is in the
If you, or your family, does not have remaining spouse's name, he or she is
resources to pay for the care, Medicaid entitled to keep it for living expenses.
steps in. While Medicaid is a federal In some cases, the spouse at home can
program, funds are allocated to the receive more than half of the marital
states for administrative purposes and assets, particularly if his/her income
are subject to state rules and falls below minimum levels.
regulations. If there is no spouse, in many states the
People who apply for Medicare aren't individual requiring nursing home care is
always aware of exactly how the program required to sign over his or her home to
works, but even more sadly, most people the state to reimburse Medicare. When
who are forced to apply for Medicare the nursing home stay is not permanent,
really have no other choice, so it the Medicaid recipient is allowed to live
doesn't matter how it works. By the same in the house until death, but cannot pass
token, Medicaid rules have been revised it on to children or other heirs, because
so that if one half of a married couple it actually belongs to the state, not to
requires nursing home care, the other the individual.
spouse doesn't have to sell the house and Estate planning, particularly if it
live on the street. involves some sort of long-term care
Under the most recent Medicaid rulings, insurance, can alleviate or eliminate
when one spouse has to be in a nursing some of the worries associated with the
home for 30 days or more, the couple's potential for requiring nursing home
assets are assessed and some assets are care. Talk to your attorney or other
excluded by virtue of "spousal estate planner about what can be done to
impoverishment" rules. The couple's protect your remaining assets if you have
residence is excluded from the asset to go to a nursing home.
evaluation, along with household




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